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28 votes

Does the sixth amendment entitle me to know who called the county on me for a code violation?

It depends on whether you were cited for the violation and the nature of the violation. Contrary to the other answers here, building-code violations in Maryland can, in fact, be criminal offenses, ...
bdb484's user avatar
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27 votes

Does the sixth amendment entitle me to know who called the county on me for a code violation?

The Sixth Amendment states that "In all criminal prosecutions, the accused shall enjoy... the right to be confronted with the witnesses against him". You are not being criminally prosecuted, ...
Nuclear Hoagie's user avatar
27 votes
Accepted

Can the right to self-represent be waived due to conflict of interest?

The purpose of the conflict of interest rules is to ensure that attorneys are acting in the interests of the clients they represent in that particular case and not their own interests, the interests ...
David Schwartz's user avatar
24 votes
Accepted

How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?

I am planning on seeing if a video taped testimony to be played at trial would suffice in lieu of actual face to face confrontation with defendant. This does not satisfy the confrontation clause. At ...
ohwilleke's user avatar
  • 218k
23 votes

Can the insurrection clause be applied without a conviction by jury?

Some due process is required and, whatever the initial procedure, it would be subject to judicial review. This is a link to the eight cases so far of people who have been disqualified for office under ...
George White's user avatar
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23 votes

Do foreign nationals have the right to a speedy trial?

The right to a speedy trial is secured by the Sixth Amendment to the US Constitution: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial ...
Jen's user avatar
  • 57k
20 votes
Accepted

Can the insurrection clause be applied without a conviction by jury?

There is no requirement for disqualification to be the result of a jury conviction First, there is no such requirement on the plain reading of Section 3 of the 14th Amendment (and the current Supreme ...
Dale M's user avatar
  • 211k
19 votes
Accepted

Does the right to a speedy trial extend to the prosecution?

The Sixth Amendment is very specific: "[T]he accused shall enjoy the right to a speedy[...] trial." There is no such constitutional right given to the prosecution, and such a right would not ...
OpenAI was the last straw's user avatar
19 votes

Do foreign nationals have the right to a speedy trial?

Jen has a solid answer to the first part of the question. I will answer the second part. If yes, at what point in time is the trial late and no longer speedy? The U.S. Constitution does not specify ...
ohwilleke's user avatar
  • 218k
14 votes

Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation? No. The Sixth Amendment provides the right to know the name of anyone who is asserting to have personal knowledge ...
Acccumulation's user avatar
12 votes
Accepted

How is it constitutional to require defendants to pay for counsel?

The question has a false premise: the law does not require defendants to pay for counsel. The right to counsel can be waived. However, the fact that court-appointed counsel are provided only to ...
sjy's user avatar
  • 9,178
10 votes

Can the insurrection clause be applied without a conviction by jury?

Yes. Section 3 of the 14th Amendment is not part of the criminal law; it is simply a factual condition for the eligibility of a person for holding public office. Denying that eligibility is not a ...
Peter - Reinstate Monica's user avatar
9 votes

Why no right to a jury trial in Espionage Act trials?

There is no exception arising from the Espionage Act, indeed in Gorin v. US, 312 U.S. 19, one of the holdings is that "In a prosecution under §§ 1(b) and 2 of the Espionage Act, the jury ...
user6726's user avatar
  • 215k
8 votes
Accepted

The court does, but does your attorney have any duty to assume you are truthful for the sake of a problem spotting?

When a complaint is first file, per case law, courts have a duty to believe each allegation you make on information and belief as long as they are each not contradicting any other statement or other ...
ohwilleke's user avatar
  • 218k
7 votes

Why *must* a defendant be present during a criminal trial?

SCOTUS has at least three times found that it is necessary for a defendant to be present at the beginning of a criminal trial in order to satisfy the Constitutional mandates regarding due process. So ...
feetwet's user avatar
  • 21.8k
6 votes

Is the severity of the sentence for contempt of court correspondent to the severity of the original charge?

This does not disqualify defendants from standing trial, because under the Fifth Amendment, the defendant can not be compeled to testify. Only when testifying does the defendant have to be sworn in. ...
Mary's user avatar
  • 1,399
5 votes

Is NY State Constitution Article VI Section 18 (a) Unconstitutional?

The right to trial by jury in criminal cases by a unanimous jury of twelve under the 6th Amendment to the United States Constitution and some related rights are only partially incorporated to apply ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

Getting away with murder in Yellowstone National Park?

Article III, Section 2 of The Constitution requires that The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes ...
user6726's user avatar
  • 215k
5 votes
Accepted

Does Alice have an implied covenant of good faith and fair dealing duty towards appointed counsel, Bob?

Does Alice have to expressly announce if she or friends or family would be recording and obtain therein the implied or an express consent due to a covenant of good faith duty or since they don’t have ...
ohwilleke's user avatar
  • 218k
5 votes

Does the sixth amendment entitle me to know who called the county on me for a code violation?

The Sixth Amendment does not help you, but your state's Public Records law might. This is the law for Washington state. Under that state law, government records are public, with certain exceptions. So ...
user6726's user avatar
  • 215k
5 votes

How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?

Insofar as the accused must be allowed to ask questions about a witness's testimony, there is no chance at all that you would be permitted to just record questions asked by the prosecution and your ...
user6726's user avatar
  • 215k
4 votes

Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials

Yes, there is indeed a conflict, often described as a balancing act. Similarly, the principle of free speech protected by the First Amendment requires that the public tolerate lies in political ...
David Siegel's user avatar
4 votes

What does it mean that a trial in a US court is "Public"?

Overview It is the right of a criminal defendant to have the public admitted to a trial under the Sixth Amendment to the US Constitution. It is the right of members of the public, and of the press, to ...
David Siegel's user avatar
4 votes

Why *must* a defendant be present during a criminal trial?

I think it's because defendants could avoid trial to prevent identification, or to otherwise improperly disrupt the course of the proceedings: Despite some earlier authority to the contrary, courts ...
Bill's user avatar
  • 41
4 votes

Why *must* a defendant be present during a criminal trial?

Here on Law SE, we can answer questions about what the law is. We cannot be so eager to answer why it is what it is. While the basic purpose of the right to be present during trial, and to have a ...
David Siegel's user avatar
4 votes

Getting away with murder in Yellowstone National Park?

I'd like to add a few points. There are several important limitations to the loophole. First, the crime would have to be committed entirely within the Zone; if it weren't, the prosecutors could ...
Brian Kalt's user avatar
4 votes
Accepted

Does one have the power to order the police to provide them with a public defendant lawyer during a traffic stop, stop-and-frisk, or pretextual stop?

No Besides this being clearly unworkable, the requirements for the state providing public defense attorneys include being in need (you will need to provide an affadavit or similar to the effect) and ...
Tiger Guy's user avatar
  • 7,042

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