BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer
|
|
- Karen Wheeler
- 8 years ago
- Views:
Transcription
1 BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer
2 THE FLORIDA CRIMINAL PROCESS Source:
3 ARREST Advise client NOT TO TALK TO ANYONE, and inquire about any statements already given (and whether Miranda rights read). In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and the person to be arrested committed the crime. An arrest warrant is not necessary. Once placed under arrest, two important constitutional rights apply: the right to remain silent and the right to have an attorney. After an arrest, the defendant is not required to say anything else to police or investigators, until an attorney is present. The accused must be given the opportunity to contact an attorney.
4 CALL THE CRABMAN TO GET ME OUT...
5 FIRST APPEARANCE Once arrested, the defendant will appear before a judge within 24 hours of arrest. The judge will then advise the defendant of the charge(s) for which he or she has been arrested. The judge will then decide if the police had a sufficient legal basis for the arrest (make a probable cause determination). It is important to attack the sufficiency of the probable cause statement as a way to get the client released or bond lowered. The judge will then decide if pretrial release (bail) is appropriate in the case, and if so, how much. IT IS IMPORTANT TO BE AT THIS HEARING IF AT ALL POSSIBLE.
6 BAIL (PRETRIAL RELEASE) The purpose of bail is to insure the defendant s presence at scheduled court appearances. There is a right to bail, unless the defendant is charged with a capital crime (i.e. carries a penalty of either life imprisonment or death) or facing a violation of probation. Under the Florida Rules of Criminal Procedure non-monetary conditions of release are specifically preferred; however it is the general practice for a judge to require that a bond be posted. In setting bail, the judge should be informed of how long the defendant has lived in the area, whether he or she has family living in the area, whether he or she is working, whether the defendant has been allowed out on bail before and appeared in court when required, and whether the defendant has a criminal record. If the court finds that the charge is not a serious or substantial, or that the defendant will appear in court when required, the judge has the option of releasing the defendant without posting bail (release on own recognizance, or ROR). If the judge imposes bail in an amount that the defendant cannot afford, a motion to reduce bail may be appropriate. However, there is not a right to multiple bond hearings unless there are significant changes in circumstances.
7 ARRAIGNMENT After formal charges are actually filed, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. The purpose of an arraignment is for the defendant to be informed of the charges against him or her, and for the defendant to enter a plea. A retained attorney may enter a plea of not guilty on the defendant s behalf and waive his or her appearance. The case will then be given pre-trial and trial dates. (*NOTE: some judges will set the case for trial if you are not present; others and some prosecutors will want a waiver of speedy trial if it is not set for trial directly from arraignment.)
8 PLEAS Florida recognizes three pleas: Not guilty, guilty; and nolo contendere ( no contest ). A not guilty plea is entered by the judge on behalf of a pro se defendant, at the beginning of the discovery phase, or when the defendant wants to go to trial. If a defendant pleads guilty or nolo contendere, either as charges or to some lesser charge, the judge will ask the defendant questions in order to confirm that the defendant knows what he or she is accused of, that he or she understands the penalties, and that no one is forcing the defendant to enter the plea. This process is known as the plea colloquy. The majority of the time, a plea is entered pursuant to a negotiated plea agreement. However, even if the State and defense have a negotiated plea agreement, the judge is not required to accept the agreement. In the case where the court refuses to accept the plea, a decision has to be made to renegotiate an agreement acceptable to the judge, proceed to trial, or enter an open plea as charged (where there is no agreement as to what sentence the defendant may receive).
9 DISCOVERY Florida is an open discovery state, i.e. both the State and the defense have to make full and complete disclosure of witnesses and evidence intended to be used at trial. The defendant does not have to participate in discovery (can proceed to trial by ambush ). Certain actions will trigger the discovery process, such as a public records request. Carefully consider all witnesses and evidence, and disclose everything in a timely manner. The State must disclose all evidence that is favorable to the defendant. Depositions in felony cases ONLY.
10 SPEEDY TRIAL Under the Sixth Amendment of the United States Constitution, the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of the defense. Speedy trial rights in Florida: Speedy trial without demand: In most cases, a defendant will be brought to trial within 90 days of arrest if the crime is a misdemeanor, and within 175 days of arrest if the crime charged was a felony. Speedy trial with demand: With limited exceptions, every person charged with a crime has the right to demand a trial within 60 days.
11 ALTERNATIVES TO ENTERING A PLEA Pretrial Diversion Pretrial Diversion is a diversionary program run by the State Attorney's Office and is usually reserved for first time, nonviolent offenders. The diversion program is similar to probation, in that once accepted into the program, the defendant must report once a month to a supervising officer, undergo random drug testing, complete community service hours, and refrain from being involved in any criminal activity. The charges will be dropped upon successful completion of Pretrial Diversion. Pretrial Intervention Pretrial Intervention is similar to Pretrial Diversion; however, it is run by the Court. The Pretrial Intervention program is also similar to probation, in that once accepted into the program, the defendant must report to the Court on a regular basis, be evaluated for and undergo any recommended drug treatment, complete any other specific requirements ordered by the Court, and refrain from being involved in any criminal activity. The charges will be dropped upon successful completion of Pretrial Intervention. Drug Court Drug Court is a diversionary program created to address the issue of first time felony drug offenders. The program provides for the identification, evaluation, case management and placement of substance abusing offenders in order to avoid entering the formal criminal justice system. The Drug Court Judge reviews progress reports on each participant. Incidents of noncompliance are reported immediately to the Drug Court Judge, along with recommendations as to consequences to be imposed. Upon successful completion of Drug Court the charges will be dropped.
12 THE TRIAL Jury trial or bench trial? Jury Selection (Voir Dire) Sequestration of the Witnesses Close of the State's Case: Once the State has called all the witnesses it believes necessary to prove the legal elements of the crimes charged, it will rest. At this time, the Court allows the Defense to make a Motion for Judgment of Acquittal (JOA). A JOA motion asks the Court to find that the State has failed to make a sufficient showing to allow the specific charge to go to the jury. This motion is rarely granted, however, counsel must fully argue the facts and the law to preserve the issue for appeal (no boilerplate motion). Closing Argument
13 SENTENCING Misdemeanor Offenses - Misdemeanor offenses are handled by the county court and are usually considered less serious crimes than felony offenses. Second Degree Misdemeanor: A second-degree misdemeanor is a crime punishable by no more than sixty days in jail, six months of probation, and a $500 fine. First Degree Misdemeanor: A first-degree misdemeanor is a crime punishable by no more than one year in jail, one-year probation, and a $1,000 fine. Felony Offenses - Felony offenses are handled by the circuit court and are punishable by the possibility of more than one-year imprisonment. Felony offenses are sentenced pursuant to Florida's criminal punishment code ("CPC"). Under the CPC,each felony is scored a specific amount of points. The higher the level a felony is designated, the more points that will appear on the CPC scoresheet. A score of more than 44 points will subject the defendant to a minimum term of imprisonment. If the score is less than 44 points, a judge is not required to sentence the defendant to prison, but may still do so. Third Degree Felony: A third degree felony is punishable by up to five years in prison, five years probation, and a $5,000 fine. Second Degree Felony: A second-degree felony is punishable by up to fifteen years in prison, fifteen years probation, and a $10,000 fine. First Degree Felony: A first-degree felony is punishable by up to thirty years in prison, thirty years probation, and a $10,000 fine. Life Felony: A life felony is punishable by life in prison without the possibility of parole, or probation for life, and a $15,000 fine. Capital Felony: A capital felony is punishable by death or life in prison without the possibility of parole.
14 SENTENCING (CONT D) Pre-sentence Investigation Upon entry of a plea of guilty or nolo contendere, or a finding of guilt after a felony trial, the judge may postpone sentencing and order a pre-sentence investigation (PSI) for a first-time felony offender. The PSI informs the judge of the defendant s background, and helps the judge decide the sentence. A probation officer will question the defendant and may question members of the defendant s family, friends, witnesses in the case, and even both attorneys in order to make this report to the judge. The PSI includes the cause and circumstances of the crime, the defendant s prior criminal record, if any, and background about the defendant s family, education, employment and health. If probation is a possibility, the PSI will include information about the defendant s plans for the future. Incarceration Probation Community Control (or jail at home )
15 APPEALS If a defendant is convicted and wants to appeal, or has plead after losing a dispositive motion, he or she must do so within 30 days after sentencing. There is usually no point to an appeal from a plea of guilty or nolo contendere if the sentence imposed was legal. However, the right to an appeal exists and a notice of appeal must be filed if the defendant wants to appeal. If the case is appealed, the trial judge may allow the defendant release on bail until a final decision is reached by the appellate court.
16 EXPUNGEMENT In Florida, under some circumstances, some people may be able to have a criminal record expunged, which means that the record is no longer available for most purposes and the person can legally deny having been arrested. However, an expunged record may be accessed if one applies for jobs in law enforcement, or involving contact with children, or to the Florida Bar. One may be eligible for expungement of records relating to a single arrest if he or she has never been found guilty of a crime, including the offense for which he or she is seeking expungement. In other words, if the charges are dismissed or the person is found not guilty, the records relating to that arrest may be expunged. In order to get an expungement, the defendant will have to obtain a certificate of eligibility for expunction from the Florida Department of Law Enforcement. After getting the certificate, he or she must file a court petition. The court will decide whether to order the record expunged. Juvenile records may be expunged in the same manner. Also, juvenile records are expunged by the state of Florida when a juvenile offender reaches age 24 (age 26 for serious or habitual offenders).
17 SEARCH & SEIZURE Stops One may be stopped for questioning by the police. A stop is not the same as an arrest because, although a citizen may be detained, he or she isn't moved to a different location. During a stop the police officer may ask questions, but one has the right to refuse to answer. Search Warrants A search warrant authorizes police to conduct a search of a specific, place such as a residence. In order for a warrant to be issued by a judge, "probable cause" is necessary. Probable cause to search means that It is more likely than not that the specific items to be searched for are connected with criminal activities and that those items will be found in the place to be searched Warrantless Searches The general rule is that warrants are required for searches. However, search warrants are not required for the following: Searches incident to arrest: Police officers are permitted to search one s body and/or clothing for weapons or other contraband when making a valid arrest. Automobile searches: If one is arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary. Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence. Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view. Consent: If one consents to a search of one s body, vehicle, or home, police are not required to have a warrant. One is not required to consent to any police searches.
18 FEES, AGREEMENTS, ETC Flat fee or hourly fees are OK, but no contingent fees OK to take payments, but not charge more to do so Get a signed retainer agreement with very carefully worded description of the scope of the representation, fees, terms, and explanation of charges for costs CONFLICTS OF INTEREST?!? Closing the file - OK to archive electronically; keep file a reasonable amount of time. Return originals to clients.
19 Office: (813) Cell: (813)
Criminal Justice System Commonly Used Terms & Definitions
Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:
More informationMaricopa County Attorney s Office Adult Criminal Case Process
The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors
More informationRULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX
RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting
More informationBRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY
BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather
More informationAn Introduction to the Federal Public Defender=s Office and the Federal Court System
Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street
More informationThe Court Process. Understanding the criminal justice process
Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves
More informationGlossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench
Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W
More informationDESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
More informationUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
More informationWhat you don t know can hurt you.
What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a
More informationA Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant
More informationInformation about the Criminal Justice System**
1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony
More informationGETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM
Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR
More informationCONSTITUTIONAL RIGHTS
RIGHTS OF THE CRIMINALLY ACCUSED GENERAL LEGAL RIGHTS CHAPTER 10 INTRODUCTION Constitutional rights relating to American criminal law are the same for all adult persons, whether they have a disability
More informationSubchapter 6.600 Criminal Procedure in District Court
Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative
More informationCriminal Justice System Glossary of Terms
Criminal Justice System Glossary of Terms Terms included in this glossary of terms are adapted from the Victims Rights Education Toolkit. The justice system uses specific terms to represent processes,
More informationC RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared
More informationHOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by
More informationInformation for Crime Victims and Witnesses
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
More informationGlossary of Court-related Terms
Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation
More informationPurpose of the Victim/Witness Unit
Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure
More informationCAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS
CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant
More informationThe Legal System in the United States
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
More informationARREST! What Happens Now?
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police
More informationFLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
More informationMorgan County Prosecuting Attorney Debra MH McLaughlin
Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit
More informationYou Have the Right. What You & Your Family Should Know In Case You Are Arrested in Illinois
You Have the Right What You & Your Family Should Know In Case You Are Arrested in Illinois Table of Contents Foreword................................. 2 What to Do if Arrested...........................
More informationINTRODUCTION DO YOU NEED A LAWYER?
INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way
More informationThe Circuit Court. Judges and Clerks. Jurisdiction
The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes
More informationMODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program
MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced
More informationUNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
More informationDecades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now
Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be
More informationCOURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )
COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent
More informationThe Federal Criminal Process
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
More informationcourt. However, without your testimony the defendant might go unpunished.
Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for
More informationCHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985
CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules
More informationCriminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.
Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand
More informationA Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
More informationFree Legal Consumer Guide Series www.southernmarylandlaw.com
Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About Criminal Law & Juvenile Charges HOW TO USE THIS GUIDE If you read this guide,
More informationGeneral District Courts
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
More informationCriminal Records and Expungement. Rhode Island Public Defender
Criminal Records and Expungement Rhode Island Public Defender Criminal Records How do I access a criminal record? The only way to obtain an official RI criminal record is by going to the Bureau of Criminal
More informationGETTING THROUGH THE CRIMINAL JUSTICE SYSTEM
GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes
More informationConnecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional
THE FAMILY LAW PROCESS AND ITS REQUIREMENTS Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional wants.! 1. ARRAIGNMENT: Arraignment
More informationYAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET
YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary
More informationThe Juvenile and Domestic Relations District Court
The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions
More informationWhat Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and
Expungement Information About Removing Criminal Records from Public Access in Maryland Table of Contents What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For
More informationFrom the law office of. Rufus Alldredge. Gulfport, MS 228-863-0123. Mississippi Gulf Coast Criminal and DUI Defense Lawyer
From the law office of Rufus Alldredge Gulfport, MS 228-863-0123 Mississippi Gulf Coast Criminal and DUI Defense Lawyer Former Felony Prosecutor Helping People in Trouble Court Guide CITIZEN - POLICE CONTACT
More informationMahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4
Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...
More informationAPPEARANCE, PLEA AND WAIVER
Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations
More informationAccused: A person or persons formally charged but not yet put on trial for committing a crime.
Acknowledgment VictimLaw s Legal Glossary is an adaptation of a glossary created by the National Victim Constitutional Amendment Network (NVCAN) with support from the Office for Victims of Crime, Office
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form
SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges
More informationFacts for. Federal Criminal Defendants
Facts for Federal Criminal Defendants FACTS FOR FEDERAL CRIMINAL DEFENDANTS I. INTRODUCTION The following is a short summary of what will happen to you if you are charged in a federal criminal case. This
More informationTitle 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
More informationDRUG COURT DEFERRED JUDGMENT INFORMATION SHEET
DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET If you have been charged with a crime involving possession of a controlled substance and/or possession of drug paraphernalia, you may be eligible to participate
More informationYouth and the Law. Presented by The Crime Prevention Unit
Youth and the Law Presented by The Crime Prevention Unit Objectives Explaining the juvenile justice system and the differences between it and the adult system. Discussing juveniles rights and responsibilities
More informationOFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney
OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)
More informationIN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S-2013-022 (Supersedes Administrative Order S-2013-008)
IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S-2013-022 (Supersedes Administrative Order S-2013-008) CRIMINAL JUSTICE DIVISION PROCEDURES It is appropriate to include
More informationCrime. What is the sequence of events in the criminal justice system? Prosecution and pretrial services Refusal to indict.
What is the sequence of events in the criminal justice system? Entry into the system Prosecution and pretrial services Refusal to indict Grand jury Charge dismissed Acquitted Sentencing and sanctions Appeal
More informationRestoration of Civil Rights. Helping People regain their Civil Liberties
Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled
More informationJUVENILE JUSTICE SYSTEM
JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition
More informationCourtroom Terminology
Courtroom Terminology A Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the
More informationYour Guide to Illinois Traffic Courts
Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases
More informationStages in a Capital Case from http://deathpenaltyinfo.msu.edu/
Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would
More informationSUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN
SUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN The following Plan is adopted by the Superior Court of the State of Delaware in order to ensure the orderly and prompt disposition of criminal cases
More informationGLOSSARY OF TERMS. 48-72 hour fine stay- When payment of a fine is due within 48-72hours, sometimes called a "fine stay for 48 72 hours.
GLOSSARY OF TERMS 48-72 hour fine stay- When payment of a fine is due within 48-72hours, sometimes called a "fine stay for 48 72 hours." acquittal: In criminal cases, the legal and formal certification
More informationChapter 3. Justice Process at the County Level. Brooks County Courthouse
Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility
More informationThe Office of the State Appellate Defender
The Office of the State Appellate Defender http://www.illinois.gov/osad Last Updated: January 22, 2014 GENERAL INFORMATION - DO I QUALIFY? GUIDE TO EXPUNGE OR SEAL YOUR ILLINOIS JUVENILE RECORD Section
More informationCRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?
THE LAW OFFICES OF SCOTT L. KRAMER CRIMINAL DEFENSE FAQ ANSWERS FROM AN DELAWARE COUNTY ATTORNEY: QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? No. You are never
More informationGLOSSARY OF TERMS - CRIMINAL
GLOSSARY OF TERMS - CRIMINAL Acquittal: A finding that the defendant is not guilty of the charges brought by the government. This finding may be reached by the trial judge in a case tried before a judge
More informationCriminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.
Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give
More informationT E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O C O URT
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O T RAFFIC C O URT A G UIDE T O T RAFFIC C O URT Prepared and distributed as a Public Service by the
More informationCRIMINAL LAW AND VICTIMS RIGHTS
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
More informationSHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency.
SHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency. STATE OF OKLAHOMA 2nd Session of the 45th Legislature (1996) SENATE BILL NO. 1153 By: Hobson AS INTRODUCED
More informationHow To Get Your Criminal History From The Justice Department
Criminal Records & Employment 1. What exactly is a criminal record? YOUR LEGAL RIGHTS A criminal record, formally known as a summary criminal history, or more commonly known as a rap sheet, is a list of
More informationIN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT
IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM
More informationCHAPTER SIX: CRIMINAL PROCEDURE
CHAPTER SIX: CRIMINAL PROCEDURE By Gino L. DiVito, Retired Justice, Illinois Appellate Court, Partner, Quinlan & Crisham, Ltd.; Chicago Commencement of Prosecution In Illinois, the prosecution of a criminal
More informationA Guide to Minnesota Criminal Procedures
t A Guide to Minnesota Criminal Procedures What's the difference between felonies, gross misdemeanors, misdemeanors and petty misdemeanors? Under Minnesota law, felonies are crimes punishable by more than
More informationMEDINA COUNTY COMMON PLEAS COURT EARLY INTERVENTION PRE-TRIAL PROGRAM
MEDINA COUNTY COMMON PLEAS COURT EARLY INTERVENTION PRE-TRIAL PROGRAM JUDGE CHRISTOPHER J. COLLIER Courtroom #1 Christine Demlow, Program Coordinator (330) 725-9131 Starting January 1, 2014, Judge Collier
More informationINFORMATION FOR FEDERAL CRIMINAL DEFENDANTS
INFORMATION FOR FEDERAL CRIMINAL DEFENDANTS TABLE OF CONTENTS INTRODUCTION............................................................................ 1 SILENCE...................................................................................
More informationLaw & The Courts Resource Guide
Law & The Courts Resource Guide - what to do in case of an auto accident - your rights in traffic court - your rights if arrested table of contents What To Do In Case Of An Auto Accident...1 Your Rights
More informationINFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY
INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY Garden City, Idaho 6015 Glenwood St., Garden City, ID 83714 (208) 472-2900 www.gardencityidaho.org A MESSAGE Garden City
More informationCHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime?
CHAPTER What is Criminal Justice? What is the Definition of Crime? Crime: What is Justice? Justice: Social Justice: Civil Justice: The Theme of this Book Individual Rights vs. Public Order The Theme of
More informationOLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:
OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution
More informationArizona Constitution: Article II, Section 2.1 Victims Bill of Rights. Arizona Revised Statutes:
Arizona Laws Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights Arizona Revised Statutes: Title 13, Chapter 40 Crime Victims Rights Title 8, Chapter 3, Article 7 Victims Rights for Juvenile
More informationYour Criminal Justice System
Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS
More informationCJ-310 ADMINISTRATION OF JUSTICE
INTRODUCTION ADMINISTRATION OF JUSTICE Welcome to,. This course is designed to provide a range of information about the criminal justice system and to teach criminal justice students fundamental concepts
More informationSTATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT. Defendant.
STATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT THE PEOPLE OF THE STATE OF NEW YORK against CONTRACT JOHN DOE., Defendant. I, JOHN DOE, agree to enter the Allegany County
More informationThe Region of Waterloo Drug Treatment Court
The Region of Waterloo Drug Treatment Court Adult PROGRAM Waiver for Stream B Participants I understand that I am charged with the following criminal offence(s) of: [LIST BELOW] The normal course of a
More informationMark Reed Arrest Record Summary As of 3/28/12
Mark Reed Arrest Record Summary As of 3/28/12 MARK REED ARRESTED, CONVICTED, ON PROBATION FOR POSSESSION OF A CONCEALED DANGEROUS WEAPON Currently represented by a Bar Panel attorney for indigent defendants
More informationLANCASTER COUNTY ADULT DRUG COURT
LANCASTER COUNTY ADULT DRUG COURT Administered by the Lancaster County Department of Community Corrections Judicial Oversight by the Lancaster County District Court www.lancaster.ne.gov keyword: drug court
More informationARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
More informationIntroduction. 1 P age
Introduction The New York City criminal justice system is made up of many different agencies and organizations. These include the independent judiciary, the five elected District Attorneys and the Special
More informationHow To Get A Sentence In Florida
County Criminal Court: CRIMINAL LAW Probation - Trial court erred in denying motion to discharge. Trial court was without jurisdiction to sentence Appellant for violating his one year term of probation
More informationOFFICE OF THE DISTRICT ATTORNEY
OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont
More informationCRIMINAL COURT IN MINNESOTA: Understanding the Process so You can Sleep at Night
RYAN PACYGA CRIMINAL DEFENSE 333 South 7 th Street, Suite 2850 Minneapolis, MN 55402 612-339-5844 www.arrestedmn.com More information on the YouTube channel Ryan Pacyga CRIMINAL COURT IN MINNESOTA: Understanding
More informationIN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant
More informationYou need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151.
What is Driving Under the Influence (DUI)? Vehicle Code Sections 23151 and 23152 are the drunk driving laws. VC 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol or drugs.
More informationHow To Defend A Drugged Up Drugged Out Dui Charge
WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com
More informationAN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:
ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,
More information