Are cases usually thrown out due to technicalities?\nWhat if someone took a plea bargain, of pleaing guilty to all charges (even when they were not) because their lawyer said it would not matter either way?
119470
you should be ready fo your conviction ,im sure you will get convicted,or get another one
436150
nothing, our system of law says that a person cannot be tried twice for the same case, double jeopardy or autrefois acquit (French for 'previously acquitted'), so even though he confessed he would have to be charged on another offense. He could be jailed for perjury, a serious offense but not on murder charges.
644965
In some states the same result is allowed by a plea of no contest.  That is a concession that the prosecution is likely to present enough evidence to convince a judge or jury without admitting guilt.  \n\nIt should be noted that while a guilty plea or verdict can be used in a later civil lawsuit to conclusively prove all facts necessary to a verdict of guilty, a no contest plea can not be so used.  If the civil liability may be great in comparison to the criminal penalty, there can be a great incentive to a no contest plea or an Alford plea.
267598
There was a recent case on the news about a death row inmate who was locked up, but just got out because they proved it was another person who did it.  Robert Blake and OJ were not found innocent they were found not guilty which is two different things.  It means the state didn't meet their burden of proof (beyond a reasonable doubt).  If you are looking for cases which a person with a lot of evidence against them was found not guilty then their is plenty of cases.\nIf I were you I would focus my search on cases were there was lots of evidence, but were set free because of procedural issues.  That area is pretty interesting.
418359
first of all, its "trial" not "trail."  His lawyer should be able to cut a deal with the prosecutor where he pleads guilty to a lesser charge and a trial is not necessary.
143684
A technical mistrial is one where the case cannot proceed because of technicality, or because of some procedural aspect  (or other event) that is nobody's fault. Some extreme examples may even include the courthouse getting washed away by a hurricane. (We'll assume for sake of this argument that it wasn't anyone's fault). I think that a hung jury also results in a technical mistrial, but you should ask a trial lawyer to be sure. \n\nThink of the word "technical" in the same sense as a "technical knock-out" in boxing. The bottom line is that in a technical mistrial, the case can be heard again from scratch. As I understand it, this is because the technical defects\n\nContrast this with a mistrial where there is prosecutorial misconduct (for example) in which case jeapordy attaches and there cannot be another trial.
563427
They're not supposed to lie TO their clients; they're supposed to lie FOR them!\n\nBut seriously, lawyers will tend to get disbarred for behaving in unethical ways based on the list of ethics they are supposed to memorize in law school.  This includes things like violating client/lawyer priviledge, lying in court (or, at least, getting caught at it!), committing felonies, and other things of those sorts.
639174
It would depend on what type of evidence, witness, and the severity of the charge.  To plea bargain you know what you are facing, for they tell you what time you will do if any, as with a jury trial, your taking a gamble.  If there isn't to much evidence or witnesses...maybe a jury trial is better...also, if they have other charges pending against you, to take the plea bargain 9 times out of 10 they drop them as well as drop the level of the felony etc....Take these things into consideration before making a choice...also consult with att.
661385
The point here is that he had a prescription with him that was not in his name, which is a second-degree misdemeanor. His plea agreement says he "will refrain from any violation of any law." It doesn't matter what his motivation was, he violated the law. I'm interested to see how this plays out...
308037
Yes it is illegal to withhold evidence. As a defendant you are allowed to bring whatever evidence to show your innocence. A laywer could supoena the evidence. I'm not a 100% sure how that works. But if they won't give it to the defendant than they should get a lawyer to help them or there are groups out there that try to help get people out of jail who are innocent.\n\nThey only way that I know of that evidence is can be withheld for a trial is if the prosecutor obtains the evidence in an illegal way.
296828
Any lawyer, anywhere, at any time, can reject your case - even if it's in a court of law. The only reason that last example is rarely heard of is because it is a matter of reputation. It is totally up to the discretion of the lawyer.
149118
Was it a related charge?  ie 1st degree murder to 2nd degree murder?  Then there's no material change in the charges and it can proceed.  If they went from shoplifting to assault and battery though they'd have to give time to prepare a defense to that since that was not the orginial charge.
163748
A case cannot be reopened if she pled guilty. It doesn't matter what her lawyer told her to do, she should not have pled guilty if she wasn't. As far as your question about attempted theft, since I don't know the circumstances, here is an example of a $4000 attempted theft. If a person is in a jewelry store and slips a ring in her pocket and is either caught putting in her pocket or is apprehended before leaving the store, it could be attempted theft. The other option would be (since she has to pay it back, this is more likely) that her lawyer advised her to plead guilty to have her theft charged knocked down to an attempted theft charge as a plea bargain.
446986
I don't actually follow what you're on about, I presume what you say is true. \n\nMy guess would be that because a grand jury is merely a step in the process, any errors in selection of a grand jury would be irrelevant to the final jury verdict if there is a conviction. \n\nAbout the only people that might have cause to complain would be people charged by a grand jury and later aquitted. \n\nJust a guess.
400198
Your husband likely just had arraingment court.  This is where the defendant shows up and gives a plea.  \n\nIf the plea is guilty, the judge sentences them to whichever punishment is appropriate.  If the defendant pleads non-guilty, they set a date for a pre-trial meeting.  At the meeting the defendant usually meets with an assistant DA to work out a plea arrangement.  \n\nThe arrangements usually invovle resolving tickets, anger management, alcohol/drug treatment/etc...whichever is appropriate for the circumstances.  If this is done by the time the court date approaches, the defendant is usually given the minimum punishment available as agreed upon at the pre-trial meeting.\n\nThat's what happens in my county.  I'm sure each county is slightly different.
7450
Unfortunately, if you know that someone is doing something wrong and fail to do nothing about it, you can also be charged with a crime. I suggest taking a look at http://www.findlaw.com for information.
104923
Only the DA, not the police can make any promise of a deal.  and then it has to be oked by the judge,  A judge does have the right to refuse to accept a deal made by the DA if they don't beleive it is for the good of society.\n\nnext you need to have your attorney or public defender to review any deal.  Since a plea is an admission of guilt, it is saying you are guilty.  So if you do get released it would be on probation or time served.