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157

As a concrete example, consider Missouri v. Coleman, where Coleman handed a teller a plastic bag and said "I need you to do me a favor. Put the money in this bag", and later as the manager approached, said "Ma'am, stop where you are and don't move any farther". Coleman was convicted of second degree robbery: but the appeals court found that he had not acted ...


132

If the pill contained a harmful or noxious substance, this is battery, which is a crime in Lousiana ("the intentional administration of a poison or other noxious liquid or substance to another"). There is a specific crime in LA, battery of a teacher, which is dealt with somewhat more severely than non-teacher battery. It is not a crime to observe a crime ...


98

No. This would not be illegal. You are not trespassing or breaking and entering since you have permission to be on the premises, and you are the rightful owner of the guitar so you are not depriving him of property that belongs to him. If you did this with the assistance of a law enforcement officer, rather than Bob's family, without a court order ...


95

I told the school resource officer that I wanted to file charges against her and he said all she'll get is a "citation" because it isn't actually "criminal". The school resource officer should be fired for jumping to inept conclusions instead of bothering to conduct at least a minimum of legal research on this. It would have taken him less than 20 ...


84

Generally, the law would not just look at the robber's literal words, but at how a reasonable person would understand them in context. And it will assume that the robber meant them to be understood in that way. Here, a reasonable person would understand such a note to be a threat of violence, so the law will assume the robber meant it as a threat. ...


77

The Plan For A Clearly Guilty Client Without Bargaining Power This question underestimates how much of a criminal defense lawyer's work involves sentencing rather than a determination of guilt or innocence. Suppose as the OP does that the prosecution can easily prove beyond a reasonable doubt that your client is guilty, you client has no plausible defenses,...


75

We're missing a lot of facts that would help drive the analysis. The first question I'd ask was whether this was part of an actual or attempted sex offense. If that's the case, the suspect could be facing particularly serious charges. Other information is also missing, such as the drug involved, whether it's on the list of controlled substances, her ...


64

If such conversations are reported, it can place the suspect in a dilemma. Consider a man who appears to have overdosed on illegal narcotics. He is taken to the hospital, and the doctor asks what kind of drugs he took, in order to plan his treatment. If the man thinks that what he says could be used to prosecute him, he might lie to the doctor. Then he ...


51

Short Answer SIMPLIFIED AND UPDATED BASED ON ADDITIONAL INFORMATION IN THE QUESTION: The marriage is valid, but their marriage will not allow the girlfriend to refuse to testify as a witness in the case. She can be compelled to testify against him under oath, but does not have to testify about the confidential communications that they have with each ...


49

Unless the Youtube Video shows them committing a crime, then no, they couldn't be arrested and tried for a crime. Them saying it, not under oath, is just hearsay that has no evidentiary value unless there is already other evidence they have committed a crime. In that case, its an admission. But there must be other, either circumstantial, or actual physical ...


49

Criminal charges are filed and prosecuted by the government, on behalf of the public, and there is no requirement for approval or cooperation by the victim. As a policy matter, a DA may decide to not charge a person in case the victim is unwilling (though less so in cases of domestic violence), perhaps because of the widespread impression that the victim has ...


48

An indictment is issued by a grand jury when they are convinced, on the basis of evidence presented to them by the government, that there is probable cause to believe that the person committed a crime. However, the indictment only has to state the charges, i.e. the grand jury's conclusion; it doesn't have to describe the evidence that led them to this ...


44

Just to expand on what others have answered: It's important that each crime is also given its own sentence as it's possible that prisoners can be cleared of crimes if new evidence is found. This could make a significant difference to the amount of time the prisoner is serving. For example if a person was convicted for kidnap, murder, and stealing a car, ...


44

Ohwilleke's answer is good, but there is a further point to consider. You say that Bob is your ex. Are there grounds for him thinking that this guitar was a joint purchase while you were a couple, and hence that he has a right to it? If it could be a joint purchase, you would not be stealing it back - but nor is he. You could potentially end up being sued ...


38

It is basically fraud, and there are two ways in which it could be illegal: it might be a crime, and you might get sued for doing it (you would not be fined or imprisoned, but you may have to compensate the hotel chain for their loss). Whether or not it is a crime depends on the jurisdiction. In Washington, there are very many laws against fraud such as RCW ...


35

While software is often the subject of pirating, the term is also used generally for unauthorized use of any copyrighted material. It turns out that this terminology is very old. Wikipedia notes that this sense of the word piracy is attested as far back as 1603 CE and was used as part of the language of a copyright treaty as early as 1886 CE. In particular,...


35

So, in England and Wales your son assaulted Mario. (From Wikipedia: "Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence". I expect Mario expected your son was going to thump him, and that would certainly be unlawful.) You were both trespassers on the property; however it sounds ...


34

Yes. See Florida Man's Version of Dine and Dash Involving A Pizza Delivery James Chandler was arrested after allegedly ordering a pizza and cinnamon sticks and partially eating them without paying. The basis for arrest was defrauding an innkeeper. Any person who obtains food, lodging, or other accommodations having a value of less than $1,000 at any ...


30

Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: ...


29

It depends. If you child is actually a child, then if someone refuses to return your child to you upon your request, you are arguably acting to prevent a crime, which gives you some leniency in terms of use of force. Also makes it less likely you’ll be charged even if you technically broke a law in the process. You are not going to court if you walk into ...


28

DUI is a crime under Massachusetts law so Kurt would be prosecuted there by that state. Germany would offer consular assistance but this would not extend to preparing or paying for his defence. If convicted, and after serving his sentence, Germany and the USA would coordinate his deportation. The UK would offer consular assistance for the repatriation of ...


28

Yes, A First Amendment defense would apply. This is no longer a crime. Schacht In Schacht vs. United States, 398 U.S. 58 (1970) the US Supreme Court held the final clause of 10 USC 772(f) unconstitutional on just this ground. In that case anti-war protesters rehearsed and performed a skit in which soldiers shot and killed a character dressed as a member ...


27

The tort for this kind of activity is called public disclosure of private facts, and almost every U.S. state recognizes that this tort is invalid under the First Amendment in the absence of a legal duty not to disclose of the type existing between an attorney and client, or a psychotherapist and a patient, or a contractual non-disclosure agreement, that does ...


27

Edit 11/13/2018 Yes, I'm aware this answer does not address "what are the legal ramifications"; it is rather an overview of what the OP should consider doing in order to protect her case and herself from the misconduct of the local school and law enforcement authorities. You need the school authorities, police department and prosecutor to take you ...


27

Up to 12 months in jail. Just by coincidence, only this week some guy who was given a jail sentence of several years for manslaughter, then jumped bail and left the country, and was extradited back to the UK, was given six months jail for jumping bail. The punishment is for jumping bail, which is an offence independent of whether the original charges are ...


26

At the federal level, per 18 USC 751, escaping is a crime. In United States v. Allen, 432 F.2d 939 it was held that an arrest need not be lawful in order for an escape to be illegal; Laws v. US states that "This court has said that a sentence imposed for a violation of 18 U.S.C. § 751 is 'not affected by the validity of the sentences being served at the time ...


26

In this case, it was a life sentence for the crime of rape and he got 30 life sentences because he committed 30 rapes, and is sentenced separately for each. Any time you see something talking about an absurdly long sentence, or about multiple life sentences, that's normally what happened. As a technical matter, many jurisdictions do not give convicted ...


25

In general, people have less expectation of privacy in cars than in their homes. To challenge a search and/or seizure under the Fourth Amendment, a person must have standing - the right to sue (that is, you must have had a reasonable expectation of privacy in the place where the search happened; if you didn't, no standing - can't claim your privacy was ...


25

While I believe @bdb484 did an excellent list of potential charges, it should be noted that they will not all be charged depending on the circumstances. Assuming that the victim unknowingly ingested the contents of the pill, the nature of the substance in the pill could determine a host of different charges. For example, if the pill was over the counter ...


25

This answer is very dependent on local and state jurisdiction, as well as the fact that the person who ordered the pizza(s) did not eat them, only declined to pay when delivered. Edited 10/29/19 The monetary limit for a crime that can result in arrest is likely $100+ (there will be a minimum monetary amount that results in arrest, and depending on ...


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