What if a law enforcement officer makes me an offer during a police stop or during questioning? A law enforcement officer can make you an offer that is not connected to a prosecution. A law enforcement officer may also try to make you an offer regarding a prosecution, but even if you accept, a prosecutor can override this offer. → Read More
Do I have to give consent to a law enforcement officer to search my car? Do I have to give consent to a law enforcement officer to search of my car? → Read More
Why is criminal procedure different from civil procedure? Criminal procedure is different from civil procedure because the burdens and results are dramatically different. In criminal matters, action is taken by the ‘state’ (a federal, state or local government agency) against an individual or an organization (like a group of individuals, ‘business’ or other entity) for violation of law that can result in criminal penalties. The state has a more difficult burden of proof to meet before someone can have their liberties restrained by confinement in jail. → Read More
When does parole go into effect? Parole laws and parole procedures vary by state. Before a parole can become effective, you must meet your state’s requirements for parole eligibility, receive approval from the parole board, and receive a certificate of parole. → Read More
As a minor, can I be transferred from juvenile court to adult court? In most jurisdictions, the two ways in which a juvenile case can be tried in adult court are through the certification process (also known as the waiver or fitness process) or through automatic transfer. Based on factors ranging from the seriousness of the current charges to the juvenile’s age, if the judge decides there is probable cause justifying the district attorney’s request, the case will be transferred from juvenile court to adult court. → Read More
If police question me without first reading Miranda rights, can my case be thrown out? A defendant’s statement given during custodial interrogation will not be admissible in court unless his constitutional rights as set down in Miranda v Arizona have been observed. Under the law, police cannot question a defendant unless he is first advised of his Miranda rights and he voluntarily waives them. → Read More
If the court appoints a public defender for me, will my parents get billed for the services? Whether or not your parents will be billed for the cost of having a public defender appointed to your case may depend on the state in which you live and on you and your family’s financial resources. A licensed attorney known as a public defender is appointed by the court in criminal cases to represent defendants who cannot afford to pay for counsel. → Read More
What is forgery? A person commits the crime of forgery when, with the intent to defraud, s/he executes, alters or publishes a writing without the owner’s knowledge or consent. A person also commits forgery if s/he fraudulently makes a writing and holds it out to be the work of another. → Read More
In a jury trial, why does the judge need to see the verdict before the jury foreman reads it aloud? In a jury trial, why does the judge need to see the verdict before the jury foreman reads it aloud? → Read More
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