Questions tagged [criminal-procedure]

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1answer
50 views

Can a person communicate confidentially with a criminal court about a sentence?

I have heard it is at least theoretically possible for a Judge in criminal court in Georgia to reconsider a sentence. If a Judge is contacted by an interested person to request such a reconsideration,...
5
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1answer
251 views

Can defendants switcheroo whenever they want?

Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
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2answers
198 views

Getting the bodycam video from NYPD for a traffic violation

I got a bike ticket for going through a red light. I don’t think I did. The officer confirmed that he was wearing his body cam and that it was on. How do I go about getting the bodycam video? I ...
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1answer
38 views

Case Converted Nolle Prosequi

Jurisdiction: Albuquerque, NM - US Is it normal for a criminal case not pursued, originating October 2014, to have a disposition “Converted Nolle Prosequi” on August 2016, almost 23 months after the ...
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2answers
113 views

At gas station parked pumping gas can an officer search the rental without my consent? [closed]

I am at the gas station, I go inside and put money on my pump, the gas station is crowded. I have a rental car its a 93 Mercedes the registration tags are expired I am returning the car tomor to ...
11
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2answers
2k views

Summary Proceeding in New Zealand - Denying liability but not requesting a hearing

I have been accused of a minor offense, and the process that applies is the Summary Proceeding Act 1957, Section 21. I have been served notice, and have denied liability for the defense. (I have ...
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1answer
179 views

Can police charge someone with a misdemeanor in the total absence of evidence?

In California, given that the police have probable cause to arrest someone, can they charge that person with a misdemeanor in the total absence of evidence that any crime has been committed? To be ...
3
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1answer
134 views

Can multiple lawyers speak for the same party at trial?

I know that sometimes a party in a civil or criminal trial will show up with multiple lawyers. Can any of their lawyers speak at the trial? For example, if an objection is made to questioning of a ...
3
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2answers
253 views

Is the statement “I/we am/are pressing charges” incorrect?

In the media and in everyday life it is common to hear things like: "Are you going to press charges?" "Did Bob Press charges?" "I am going to press charges against that jerk" Or something along ...
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1answer
38 views

Are Jurors informed about jurry Nullification [duplicate]

Are jurors in US criminal trials informed that they can rule contrary to the law as given by the Judge (aka "jury nullification") by the judge or by any official source? What happens when juries do "...
5
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2answers
262 views

If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?

I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
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2answers
548 views

Innocent until proven guilty in Germany?

My understanding was that German criminal proceedings are "private" (meaning secret, no one is allowed in except participants) and that the accused is assumed to be guilty until proven innocent, which ...
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2answers
302 views

Can you sue the prosecutor in a criminal proceeding?

If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future ...
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1answer
149 views

Can defense request findings of fact before resting?

Hypothetical scenario: A victim is identified with documented injuries consistent with having been struck with a weapon. The police find and charge a person (now "Defendant") that they claim ...
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2answers
127 views

Can NGROI defense be argued after a guilty verdict?

tl;dr: In the U.S., can a "not guilty by reason of insanity" (a.k.a., NGRI or NGROI) defense be offered after a guilty verdict but before sentencing? In criminal prosecutions in the U.S. it is common ...
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6answers
504 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
17
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5answers
3k views

How is the burden of evidence distributed between parties?

I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument. Here's an ...
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1answer
556 views

What does a trial for Terrorism look like in France?

I'm a writer, and need help for a book that takes place in Paris. According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
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1answer
71 views

What protocol is used in the case of Pleading Insanity?

I'm a writer, and in this chapter, the defendant is on trial for acts of terrorism. But he is pleading insanity, with no psychological evaluation because "his actions speak for themselves." What ...
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1answer
460 views

Get power of attorney for someone in another state to handle matter in a third state

My brother want's me to obtain a power of attorney to handle a legal matter for him, we are in different states, and the legal matter is in a third state. How can I go about it in the least painful ...
2
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2answers
625 views

Can courts do anything to prevent criminal trials being delayed for many years?

You may remember in the news some time ago a fatal shooting allegedly motivated by the victim texting in a movie theater. Well, a date for the trial has finally been set - more than 5 years after the ...
4
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2answers
410 views

Does collateral estoppel apply in a criminal case?

Can a criminal defendant rely on collateral estoppel to preclude the government from proving an element of the crime in a criminal case? Two hypotheticals: A woman sues the police for violating ...
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2answers
256 views

If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?

According to Wiki: The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...