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Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
147 views

Judge override jury verdict

From what I have read a judge can override a guilty verdict. If he does so, for what I have read, there is no reprisals to that judge if he decides to do so. That judge does NOT need to explain his ...
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2answers
523 views

Can Congress issue a legislative pardon?

Suppose that the President did not want to pardon someone, but Congress passed a private bill excusing a person from a violation of a law. Suppose this bill became law (either through inaction of the ...
4
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1answer
146 views

How is conceding a client's guilt different from a guilty plea?

I'm asking this question in the context of the current Supreme Court case McCoy v. Louisiana in which the fundamental issue is whether it is unconstitutional for defense counsel to concede an accused'...
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2answers
242 views

Can a Presidential pardon nullify a search warrant?

Where the US government has seized private property pursuant to a search warrant in a criminal investigation, what would happen to that property if the President were to pardon the suspect(s) under ...
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1answer
52 views

Virginia prosecutor changed/added charges to original charge that one pled guilty to

I was charged by the police with two charges that were felony 5. I plead guilty. When I went to court the prosecutor added another charge and changed the felony 5 charges to felony 2 charges. The ...
4
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1answer
48 views

Discovery of evidence seized in a criminal investigation

The recent raid of Michael Cohen’s office and residences has led me to wonder about the interplay between discovery in federal civil procedure and evidence seized in a criminal investigation. (The ...
2
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2answers
861 views

Are search warrants public records?

Are search warrants public records? Does it matter whether an investigation ended up resulting in a prosecution? If so, does it matter whether the case goes to trial? If so, does it matter whether the ...
4
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2answers
969 views

Alabama Accomplice Law - Charging a person with murder who hasn't killed anyone

There has recently been a case of a teenager who was charged with 65 years because, during a robbery he and his accomplices were committing, a police officer shot and killed one of the robbers. The ...
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1answer
75 views

How long will a person be imprisoned for failing to pay red light ticket in USA?

If a person is arrested at airport or pulled over by cop for a warrant issued coz of an unpaid red light ticket, how long is the person kept in Jail ? From my understanding he/she is kept in jail, ...
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1answer
38 views

What happens if someone bounces a cheque in US?

From my knowledge, if A gives cheque to B and cheque bounces, then a warrant is issued against A. Is the warrant issued anytime cheque bounces by default ? Or B has to press charges against A for ...
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1answer
46 views

In US, what happens if you owe money to doctor and forget about it?

If I owe money to some family physician or a dentist, but because my phone number has changed I was not able to be contacted by them. What does a doctor/dentist do if I owe them about $500 or so ? Is ...
29
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3answers
13k views

In the US, is it legal to lie to a business such as a hotel to obtain a discount?

Let's say a hotel chain or a restaurant provides a 50% discount to anyone aged over 70. Would it be legal (as in, no criminal charges could arise from that action) for a patron to lie to the hotel/...
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2answers
2k views

Stormy Daniels Extortion?

How is the president Trumps payment to Stormy Daniels to keep quiet not extortion? Are you allowed to pay someone to keep quiet? How is that different that for getting paid from a company to keep ...
2
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2answers
824 views

Treason, Sedition and the US Bill of Rights

In 2018, where are lines drawn between treason, sedition, and constitutionally protected freedoms of speech and assembly? Publishing a neutral, fact-based article on a contentious topic, citing ...
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2answers
68 views

Can beneficiaries be pursued for damages inflicted in life?

This is only for fictional literary research If a person confesses to a crime on their deathbed, one that caused unfathomable property damage and loss of life, will their heirs be forced to forfeit ...
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1answer
108 views

Traffic Violation Question

If a police officer stops someone for a traffic violation and they don't have a driver's license and no identification at all, what is the charge?
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1answer
1k views

Are all crimes committed in Washington DC federal crimes?

Since Washington DC is a federal territory, do all crimes committed there automatically become federal crimes?
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2answers
81 views

Is it illegal to refuse to provide proof of income after receiving a loan/credit?

Say someone applies for a loan and they get the loan. Afterwards the lender wants to see proof of income, but the lendee denies and refuses to provide any proof after the fact. Given that it's after ...
5
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1answer
143 views

How might a defense attorney use the fact that the accused was coerced? Examples from the movie Se7en

SPOILER ALERT FOR THE WHOLE MOVIE. THIS GIVES AWAY THE ENDING. In the film Se7en directed by David Fincher, a killer, J Doe, obsessed with the seven deadly sins carries out a grisly series of murders ...
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1answer
149 views

If you are fifty years old, and you were sentenced to a hundred years in prison, what's the use of that when you will most likely die before then? [closed]

I read about a few sentencings where the judge had sentenced a criminal to a ridiculously long sentence. I read a news article a few years ago in which a judge said that this criminal would be ...
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3answers
157 views

Shooting victim taken off life support. What crime would be charged?

About a week ago a girl was shot in a Maryland school. Soon after that, a police officer shot and killed the gunman. The girl was critically injured, and on life support. After a few days, the family ...
4
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2answers
174 views

If someone gets money from a crime such as selling drugs, and then gives the money away, does the person who receives it own it legally?

If someone gained money illegally but in a way that they were not directly stealing it from someone (such as selling drugs or illegal weapons), and then they give the money away to a friend or ...
4
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2answers
121 views

can the location of a smart phone at the time of arrest negate a suspects protection against unreasonable search and seizures?

Incident Background Info: 1. In 2015 A suspect is arrested, and is in possession of a Smart Phone which is locked, and needs a password to gain access. 2. Suspect is pulled over for speeding, and a ...
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6answers
17k views

Do I have the right to enter into someone house without permission if my child is in there?

Here's the situation Main persons: my daughter Maria, 16 years old my daughter's friend Mario, over 18 years old My daughter was asked by her friend Mario to hang out at someone's ...
3
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1answer
66 views

Can states legitimately enact immigration law or policy that is contrary to federal immigration law?

Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) says Any person who encourages or induces an alien to reside in the United States, knowing or in reckless disregard ...
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0answers
14 views

Liability of unknown possession and distribution of encrypted illegal files [duplicate]

Bitcoin transactions allow you to store encrypted data in them. It has been found that there is illegal data being stored in some transactions. Part of the system/ blockchain is everyone has a copy of ...
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2answers
489 views

What's the difference between an accessory and an accomplice?

What are the definition of each and what exactly is the difference?
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2answers
317 views

Is there any “delik aduan” like laws in the west?

In Indonesia there are laws called "delik aduan" that define acts as crimes only if someone files a complaint. These are like civil laws in that someone has to file a complaint, but they are like ...
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1answer
143 views

If someone makes a phone call to the police to say that you have drugs in your home, are they allowed to search the home?

I have been arguing with a family member, and they threatened to call the police and tell them that I have drugs in my home. If they actually follow through, do the police have any right to come ...
3
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1answer
153 views

What will happen if many people commit one crime?

For example, if 100 or 1000 participants plan and murder someone in such a manner that they are equally guilty for example, they mutually came with the idea and willingly participated and so on, you ...
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2answers
79 views

Inhabitance requirement for peeping

Under California PC647(i), Except as provided in paragraph (5) of subdivision (b) and subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a ...
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3answers
96 views

What kinds of crimes do not affect persons or property?

A crime is a public offense, so I would think that anything that constitutes a crime has some kind of influence on one or more persons or property, i.e. it changes the public universe in some negative ...
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2answers
521 views

Can a vigilante be useful for a police department?

(Just for reference, this question is for a story I'm working on, and I wanted a realistic look at the law's side of things.) So, a lot of fiction likes to play off the trope of a Vigilante. This ...
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2answers
4k views

Do the police need probable cause or a search warrant to search a rental car being driven by someone who didnt rent the vehicle?

I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to ...
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1answer
127 views

Is a document considered falsified if it has no stamp or signature?

So if we have a falsified document (diploma, certificate, official documents, etc.), with all the correct information, submitted in electronic version, but Without a signature/stamp With a signature/...
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2answers
474 views

Is an undercover cop offering money to a random woman for sex an example of “entrapment”?

T/F Test Question: "Officer Jones, who was assigned to the narcotics unit, decided to look for possible prostitutes in the financial district of his city. Although there are no reports of a ...
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0answers
48 views

If the testimony of an expert witness has been impeached, what is the legal effect?

For example, is that mandatory or advisory on a jury or judge as decider of fact? Do most U.S. states and the Federal government agree on this or does this vary much by jurisdiction? I'm curious, ...
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1answer
230 views

Do Any Countries Have A Retribution Defense For Crime Victims?

Are there any jurisdictions where there is a defense to criminal charges of murder or rape or assault, when carried out by the victim of a serious crime by the crime victim as retribution, in ...
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1answer
79 views

In the US, who decides whether an offense is criminal or civil?

Evidently protection against sexual harassment dates to Article 7 of the Civil Rights Act, which makes it "unlawful" for employers to discriminate on the basis of sex. Is there something in the ...
2
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1answer
75 views

Do we have to wait for legislators to ban bump stocks?

Do legislators actually have to take the step of banning bump stocks, or could the ATF (or other government agency) unilaterally state that the addition of one to a weapon means that it now has all of ...
1
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1answer
164 views

What charges would a driver face after an unrestrained child dies in a car crash?

Suppose a person was driving a car in Australia with an unrestrained child. An unavoidable crash occurs where there are no other vehicles involved, and the child dies as a result. With what crimes ...
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2answers
203 views

Could vigilante anti paedophile sting operations actually result in a conviction?

There is a lot in the news in Ireland currently about vigilante groups posing as children online in order to catch paedophiles "grooming" and ultimately meeting with the fictional child, which turns ...
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1answer
980 views

Expungement of Arrest and Court Records after Death

If someone with a few criminal arrests and deferred sentences passes away, can a friend or family member have these Misdemeanor and Felony arrest records expunged on behalf of the person who passed ...
3
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1answer
222 views

Can we have an accessory while a principal is acquitted?

Can someone be convicted of being an accessory to a crime while a principal is acquitted? By definition an accessory helps conceal evidence or persons involved in a felony. If a principal is not ...
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4answers
71k views

Is Patty Mayo's Youtube content legal?

I've recently been watching a youtuber by the name of "Patty Mayo". He arrests people who fail bond payments or fail to appear in court. I've seen "Cops" before, but this guy doesn't blur faces and ...
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1answer
84 views

Is it intimidation or trespassing if someone confronts you about suing their insurance company when at home?

I had a guy show up at my house knowing that I was already suing his car insurance company, for a car accident; he hit my car passing on left while homeowner was turning left into their driveway. ...
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2answers
164 views

Can you be convicted of both first- and second-degree murder?

A TV show reported a case where a man killed two teenagers and was convicted of both two counts of first degree murder and two counts of second degree murder. Is this possible? I know that you can ...
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1answer
67 views

Can police refuse criminal case about stolen mobile phone? How can such crimes be investigated?

Mobile phone and some precious things were stolen from my friend, but the police refuses to start a criminal case (proceedings) to investigate the crime. They are saying that the thief cannot be ...
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2answers
914 views

What is the legal penalty for “contempt of Congress”?

In reading a recent article that suggested Steve Bannon might be found in "contempt of congress", I realized that there's no information on what the penalty for that might be, unlike the statutorily ...
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3answers
9k views

Why does the victim have to press charges?

Case in point that was in the news: "BART identifies man in viral video of racist attack on train", East Bay Times A California man attacked a stranger while expressing his hatred of the victim's ...