Murder, rape, aggravated assault, burglary and arson are all felonies. Any crime that results in confinement in a state or federal correctional institution for than a year constitutes as a felony. Misdemeanors are minor violations crimes punishable by a year or less in confinement. Misdemeanors include petty theft, simple assault, possession of burglary tools and disorderly conduct. Some possibilities for convicted felons for sentencing are fines, monetary sanctions, probation, community service, electronic monitoring, incarceration and the death penalty.
The discovery stage is next, where the parties will try to find evidences, which will be presented against each other or on each side. Questions are asked by each party in writing from each other, which is process through the legal document known as interrogatories. The questions or findings may also be done through oral counseling, known as deposition. When the discovery process is complete the defendant will file a motion of summary judgment. This will allow the defendant to reject the case, due to not enough evidences to support the claim presented by the plaintiff.
In the event of Xander while in custody, he can obtain his GED Even though he has experienced minor setbacks with purse snatching and with the gang affiliation. Even though the defendant has committed several crimes, his ability to function in society can be severed. Xander, ability to return to his mother will be one of the biggest challenge. When Xander is released from detention, a reentry plan will be implemented on the needs of someone with the severity of the crimes he has committed. Xander will have to obtain and alcohol and drug evaluation and attend the necessary treatment needed.
If a judge perceives that the plea bargain is too lenient the judge has the right to reject the plea and order of the prosecuting and the defense to renegotiate. Defendants that are pleading guilty as a result of the plea agreement must acknowledge their plea in open court. Defendant who pleads guilty after the plea has been negotiations do not surrender their right to an appeal; their conviction goes to the Appellate Division of Superior Courts. Also if a defendant pleading guilty to a crime
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
There are always going to be cases like the stealing videos or pizza that are unjustly subjected to the three-strikes law. You may have an 18-year old who commits three crimes before he's mature enough to make quality decisions. You have 2-time convicted felons who may have been leading decent, upstanding lives being at the wrong place at the wrong time. You may have a sequence of lighter crimes such as burglary, breaking & entering, or stealing a car. Certainly committing these crimes are wrong and deserve punishment; however, is 25 years to life a reasonable punishment (in addition to whatever they were sentenced for the first 2
Again, the most obvious function of appeal court is to correct errors”. If the trial judge has “goofed” in stating the law, applying the rules of evidence, or instructing a jury, etc, then the lawyer from the wronged party can bring the matter(s) before the appeal panel, demonstrate the matters of error, and receive the appropriate solution. Appeal courts basically have four options when deciding on the right remedy of an appeal. First, it can dismiss the the appeal and uphold the trial decision. Second, it can allow the appeal and reverse the trial decision.
The legal drinking age in the United States is 21 years old. That means anyone younger then this is breaking the law and a lot of bad things can happen to them. One bad thing that can happen to them is getting caught with the liquor and having to deal with the police. There are four underage drinking laws that the cops follow: possession, purchase, use and lose and zero tolerance (“Underage Drinking” 1). Each one of these laws can make someone go to jail and pay a huge fine.
* You’ll be searched and your possessions will be kept by the police custody officer while you’re in the cell, if you are under 18 you must be accompanied by your parent, guardian or carer, a social worker or a volunteer over 18. you also have rights as to how long you are allowed in custody, The police can hold you for up to 24 hours before they have to charge you with a crime or release you.They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act. The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (eg from a mouth swab or head hair root) from you as
When it comes to the programs typically administered by probation departments, intensive probation supervision is noted by anybody who carries out a violation, they might be incarcerated to a prison or admitted to serve probation time by the court system. Truth of the matter is a defendant could be sentenced to a great degree of guidance through probation. IPS is an immensely disciplined order of events, and the prisoner must obey all terms of tough probation. Prisoners are under house incarceration and they are substantially watched by teams consisting of a parole officer and a surveillance officer. They monitor the prisoners by conduction of house visits four times per week for first phase offenders.