Skip to main content
5 votes

If the law specifically disallows a criminal charge under a condition, does it still go before a jury if the condition is met?

This is an example of an affirmative defense In a criminal case, the prosecution must prove each and every element of the charge beyond a reasonable doubt. Where the law provides an exception that ...
Dale M's user avatar
  • 213k
4 votes

Can video evidence be used to dismiss a criminal case with a motion prior to a trial or a preliminary hearing?

united-states Video evidence can be made available to the prosecutor handling a case to encourage the prosecutor to voluntarily dismiss a futile criminal prosecution. If this effort is unsuccessful, ...
ohwilleke's user avatar
  • 220k
4 votes

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

Subpoenas in federal court are governed by Federal Rule of Civil Procedure 45. The requirements to issue one are at Rule 45(a)-(c) and the means to resisting and enforcing them are at Rule 45(d)-(g). ...
ohwilleke's user avatar
  • 220k
4 votes
Accepted

How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

A self-represented person, as a practical matter, has no choice but to engage with the court when an oral argument is conducted. A person present in a courtroom likewise has an obligation to ...
ohwilleke's user avatar
  • 220k
2 votes

How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

I've never seen such a maneuver attempted, but I have no doubt that it would be unsuccessful. The Constitution requires that a waiver of one's Fifth Amendment rights be made knowingly, intelligently, ...
bdb484's user avatar
  • 60.6k
2 votes
Accepted

Does due process require that the grounds for a conviction can be substantiated?

united-states In a criminal case, there are a couple of grounds for dismissal of a prosecution based upon insufficient evidence. One is a failure to establish in a preliminary hearing in criminal ...
ohwilleke's user avatar
  • 220k
2 votes

Denial of a motion to compel arbitration

According to the Appellate Process on NJCourts.gov: The filing of a notice of appeal does not automatically stay the judgment, order or decision that you are appealing. To secure a stay pending ...
S.O.S's user avatar
  • 601
2 votes

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

It’s not valid australia You should give the person subpoenaed as much notice as possible of the hearing or trial date but the person must be served not less than 7 days before they are required to ...
Dale M's user avatar
  • 213k
2 votes

Timely response not filed

Absent some other agreed definition, a day ends at midnight local time A day is the period of time between any midnight and the midnight following. You could have agreed that the time period would ...
Dale M's user avatar
  • 213k
1 vote

Does due process require that the grounds for a conviction can be substantiated?

Descartes was never a common law judge Nor did he write any legislation. Therefore, his ideas are irrelevant to the practice of law. The judge has the authority to decide the law because they are the ...
Dale M's user avatar
  • 213k
1 vote
Accepted

What actions, if any, can be taken in a case where the opposing party knowingly fails to provide notice of related cases that they're involved in?

What action, if any, can be taken by the defendant in this case, aside from filing themselves the Notice of Related cases as part of their duty after discovering of the case, that would serve to ...
ohwilleke's user avatar
  • 220k
1 vote

Motion For Summary Judgement

The timing is almost entirely a function of how busy your judge is and varies greatly even from court to court within the same judicial system, and from judge to judge within a particular court. A ...
ohwilleke's user avatar
  • 220k
1 vote

Impeachment of Evidence

Impeachment evidence is evidence offered at an evidentiary hearing or trial to show that something a witness testified about (or a document previously admitted into evidence) is false. Impeachment ...
ohwilleke's user avatar
  • 220k

Only top scored, non community-wiki answers of a minimum length are eligible