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Questions tagged [criminal-procedure]

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Does pleading true to violation of probation requires you to plead guilty?

A defendent in Texas, was given probation with the conditions of not getting other charges. They pick up a charge, and they plead true to the violation of probation conditions due to that charge. Does ...
Nicolas Formichella's user avatar
5 votes
1 answer
836 views

Can a criminal litigator introduce new evidence if it is pursuant to the veracity of a witness?

Obviously there are limits to how much evidence can be presented in court case and an attorney cannot anticipate every possible shred of evidence that he might need. For example, let's imagine that in ...
Cicero's user avatar
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4 votes
1 answer
106 views

Can toll evasion charges be heard in superior court?

CVC §23302.5 states: (a) No person shall evade or attempt to evade the payment of tolls or other charges on any vehicluar crossing or toll highway. (b) A violation of subdivision (a) is subject to ...
a.charlotte's user avatar
5 votes
1 answer
2k views

Why did the prosecution not charge?

Many questions on this site ask a question of the form: assuming X committed offence Y, why did the prosecution not charge X with offence Y? E.g. (paraphrasing): Why would the U.S. Attorney focus ...
Jen's user avatar
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5 votes
1 answer
493 views

What is a special verdict?

In the context of criminal proceedings, what is a special verdict?
Jen's user avatar
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-3 votes
1 answer
125 views

Can an adult who was incarcerated as a minor sue for damages? [closed]

A child that had never committed a criminal offence was incarcerated multiple times, subjected to sexual assault via cavity searches, humiliation, and isolation. Now wants to sue the state as an adult....
Kimberly Henry's user avatar
-2 votes
1 answer
114 views

In Scotland, when can police retain key legal documents of a suspect after an arrest?

Can the police hold and refuse to give back a legal document after arrest that would allow a citizen to claim asylum in another state even though their life is likely to be put in danger?
Steven michael watson 's user avatar
0 votes
3 answers
252 views

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

Or are future legal precedents only set when you go to a bench trial or a jury trial? This question applies to both criminal and civil cases - not sure if there is a difference...
AlanSTACK's user avatar
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-2 votes
1 answer
282 views

Hung Jury - time for a retrial

Imagine a person is charged with a felony but not a particularly serious felony. Perhaps the defendant is looking at doing a few months in prison. There is a trial and most but not all members of the ...
Bob's user avatar
  • 1,221
19 votes
5 answers
5k views

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

Let’s say you’re an underwater welder with a net profit rate of $500/hour of work. The government puts you on trial for a murder you didn’t commit. The proceedings take a long time and the court is ...
JonathanReez's user avatar
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4 votes
3 answers
2k views

Are there countries where the defendant has the right to be absent from their trial?

In the U.S. the Supreme Court has ruled that the defendant must be present at the start of their criminal trial in order for it to be valid. Are there countries where the defendant has the right to ...
JonathanReez's user avatar
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3 votes
1 answer
352 views

Could Judge Merchan put Donald Trump on house arrest during the current criminal trial?

Could Judge Merchan put Donald Trump under house arrest where he would have to be in his penthouse in Trump Tower when he is not in court or going or coming to court? And maybe give him the weekends ...
user avatar
2 votes
2 answers
157 views

On what basis are Miranda rights enforced?

According to a previous answer to one of my questions, you don't have a constitutional right to a Miranda warning, my question then is how did the USA universally develop Miranda if it was not through ...
Neil Meyer's user avatar
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0 votes
2 answers
110 views

When a court orders a new criminal trial, can prosecutors still decline to press charges?

Recently, the NY Court of Appeals ordered a new trial in Harvey Weinstein’s case. The incumbent Manhattan DA, Alvin Bragg, has said, via a spokesperson, that he will do everything in his power to re-...
BakedAlaska624's user avatar
2 votes
1 answer
262 views

Pleading Not Guilty when you are guilty [duplicate]

As I understand it, a criminal defense lawyer is an officer of the court. As such, he is not allowed to lie. If a lawyer knows that his client is guilty of the charge, can he still plead not guilty ...
Bob's user avatar
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4 votes
2 answers
643 views

What is the writ equivalent of habeas corpus, but for punishments other than detention

Exactly as the title suggests. What is the writ equivalent of habeas corpus, but for punishments other than detention? For example monetary fines, etc.
Myself's user avatar
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1 vote
2 answers
71 views

Criminal proceedings for a criminal who committed crimes in multiple countries

If a criminal from another country (say Australia) were to commit crimes there and flee to the United States, what government would track him? After capture, would he be returned to the Australian ...
bookloverKM's user avatar
1 vote
1 answer
245 views

Can police lie about your rights?

If you ask a police person a question about your rights can they lie? Are they allowed to remain silent when you ask them a question about your rights?
Neil Meyer's user avatar
  • 5,057
24 votes
2 answers
8k views

To what extent can US police lie to a suspect?

I believe it is common knowledge that American police are allowed lie to a suspect, but how far can they go? Can they say / show a suspect things like these examples-- We have a witness who saw you ...
user 55905's user avatar
2 votes
0 answers
109 views

Can lawyers perform actions for the sole purpose of delay if the client is facing the death penalty?

This answer contains the remark: Lawyers are also officers of the court and are specifically prohibited from taking actions in litigation with the sole purpose of delay. (The analysis would be ...
adam.baker's user avatar
  • 1,225
1 vote
1 answer
72 views

Jurisdiction of the Scottish criminal courts (multi-jurisdictional case)

Recently, the Hate Crime and Public Order (Scotland) Act 2021 came into force. The author, J. K. Rowling, on X (formerly known as Twitter), asked the police to arrest her if she had violated the law. ...
BakedAlaska624's user avatar
1 vote
1 answer
122 views

Public Access to Records of Criminal Proceedings

Follow-up to this question Alice is assaulted by Bob. Alice reports the assault to the police, including the fact that Bob is the assailant. The police investigate then turn their findings over to ...
user11421's user avatar
  • 195
6 votes
2 answers
1k views

Victim Anonymity in Criminal Proceedings

Alice is assaulted by Bob. Alice reports the assault to the police, including the fact that Bob is the assailant. The police investigate then turn their findings over to the local prosecutor's office....
user11421's user avatar
  • 195
-1 votes
1 answer
151 views

DUI blood tests - keeping them out

Imagine the following hypothetical situation. Officers Jones has arrested Joe Average for driving under the influence of an illegal drugs. The case looks very promising for the prosecution and the ...
Paul59's user avatar
  • 77
0 votes
1 answer
66 views

An arraignment in Georgia

A hypothetical person is scheduled for an arraignment on a misdemeanor charge. His attorney files a motion with the court to postpone the arraignment. Assuming the court agrees with the motion, ...
Paul59's user avatar
  • 77
2 votes
1 answer
215 views

Can the government compel a witness to testify against an accused criminal?

In a criminal trial, the 6th Amendment to the US Constitution guarantees that the accused has the right to a "compulsory process for obtaining witnesses in his favor." Meaning that a person ...
Wes Sayeed's user avatar
  • 1,066
0 votes
0 answers
64 views

Criminal procedure to dismiss a case

When one has been summoned to a pre-trial conference in a municipal court over a minor traffic offense, if one wants to request, pro se, from the judge a dismissal of the case, it would seem to be ...
user2065068's user avatar
3 votes
2 answers
137 views

Are there lines of reasoning that can only be introduced into a case via an expert witness?

Say some technical question is important to a court case. One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion. Is the other side allowed ...
interfect's user avatar
  • 3,511
1 vote
2 answers
154 views

Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest someone on the same charges?

It's been said that the recent re-arrest of an FBI informant on the same charges is "unprecedented", in particular because it was done by going to a different judge than the original ...
got trolled too much this week's user avatar
0 votes
2 answers
101 views

Justice delayed [closed]

I just rec'd. a summons to have a pre-trial conference re.- a traffic ticket that is dated > 4 yrs. ago (turn w/o signaling). I have no recollection of it. Presumably, the NY municipality will ...
user2065068's user avatar
3 votes
1 answer
120 views

When would defence agree to an agreed statement of facts?

Another answer on this site uses an "agreed statement of facts" as a device to focus the answer on the law. It includes several facts that go towards establishing the actus reus and mens rea ...
Jen's user avatar
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6 votes
1 answer
2k views

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
HelloDarkWorld's user avatar
6 votes
1 answer
2k views

Does a judge have discretion in their verdict when it seems beyond reasonable doubt that the defendant is factually guilty of the charged offences?

I once observed a trial of some disruptive protestors at magistrates where the magistrate read her verdict/ruling out along with all of her reasoning used to reach it. Her deliberations appeared to ...
TylerDurden's user avatar
-3 votes
3 answers
221 views

Judge being Guilty

Assume there is a criminal trial, where somehow defence proves the judge to being a criminal. In this scenario, does the judge leaves the bench and his authority over the case is removed? Based on ...
Velma's user avatar
  • 648
-1 votes
2 answers
165 views

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
9 votes
1 answer
3k views

Why is theft triable either way?

Section 7 Theft Act 1968 defines theft as an offence: A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. However, it makes no ...
TylerDurden's user avatar
15 votes
4 answers
5k views

Can a person plead guilty without being charged?

If a person has committed a crime punishable by a fine and was not caught, but wants to pay the fine for moral reasons, is it possible to plead guilty and pay the fine without being charged with a ...
Someone's user avatar
  • 17.1k
13 votes
1 answer
6k views

What if Miranda rights aren't read?

So I know that it's not quite like you see in TV and movies where a dead-to-rights murderer or rapist will just walk free because the arresting officer forgot to read their rights during the arrest. ...
Ethan's user avatar
  • 1,966
6 votes
1 answer
226 views

Where does the idiomatic term “caution+3” come from?

As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
TylerDurden's user avatar
13 votes
3 answers
4k views

Can you ever be certain that you will not be tried for an alleged crime?

Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes: The police investigate and a ...
shellster's user avatar
  • 235
1 vote
3 answers
95 views

What is the closest equivalent to criminal compensation orders in other jurisdictions?

In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
TylerDurden's user avatar
2 votes
1 answer
44 views

Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?

Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
TylerDurden's user avatar
22 votes
1 answer
2k views

When did criminal discovery rules substantially form?

The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides. For ...
Greendrake's user avatar
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10 votes
1 answer
3k views

Why does so much time elapse between guilty verdict and sentencing?

Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024. Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. ...
feetwet's user avatar
  • 21.9k
0 votes
1 answer
80 views

Why is Mr. E (recent NZ rape convict) full name abbreviated in the appeal judgment?

It is common practice in the U.K. to anonymise sexual assault victims’ identities in court filings, but why in this NZ case are all the parties’ names apparently withheld?
TylerDurden's user avatar
2 votes
1 answer
778 views

Why were the sentencing remarks for Anne Sacoolas available online?

What determines when a criminal case’s sentencing remarks are available publicly or even exist in written form in the first place?
TylerDurden's user avatar
-1 votes
1 answer
78 views

Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?

According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
TylerDurden's user avatar
0 votes
1 answer
155 views

If an unlawful search uncovers evidence unrelated to the subject of the search, can the subject have the evidence suppressed?

So, I binged on the Illustrated Guide To Law a while back, and I have been wondering about this page. In it, a defendant's right to object to a search is denied because he didn't have standing to ...
HAEM's user avatar
  • 583
0 votes
1 answer
44 views

Which countries have provisions for e-summons (e-mail, whatsapp, fax, etc.)? Please share specific guidelines, rules, news articles would also work [closed]

I'm researching electronic summons, which are served electronically through e-mail, messaging services, fax, etc. Although I have found guidelines from some Indian states, I'm looking for e-summon ...
deprivedoftea's user avatar
3 votes
2 answers
697 views

What is the purpose of a victim impact statement?

In criminal proceedings there is an option for victims to make a Personal Statement (also referred to as an impact statement) as to how the crime affected them emotionally. What function does this ...
TylerDurden's user avatar