Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »
During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.
Hearsay, and even double-hearsay, is allowed....Read more »
That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather...Read more »
Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and...Read more »
The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing...Read more »
I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the... Read more »
It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized...Read more »
If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »
Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due...Read more »
Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »
He can if you allow him in. My recommendation is to ask what he wants, and then not say anything except you cannot come in without a Search Warrant. If he has an Arrest Warrant or Capias for you, then he will arrest you.
If I were you, I'd ask what they would like to speak to you about. Maybe you were listed as a witness or potential witness to something, even if you know nothing about whatever they're looking into. But another scenario is that, for some reason, you are a crime suspect, such as where...Read more »
Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.
Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy....Read more »
I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.
I get pulled over and police start with all their questions...id, where are you going, why, who bla bla....if they dont immediately state why they pulled me over and ask for id insurance registration...do i have to id? what are my passengers required to do?
Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »
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