When does an adversarial proceeding begin?  (after arrest, post-indictment, etc.)?
401805
Are you asking when a person is entitled to counsel under the 6th Amendment?\n\nIf so, "Right to counsel granted by the United States Constitution means at least that a person is entitled to help of lawyer at or after the time that judicial  proceedings have been initiated against him whether by way of formal  charge, preliminary  hearing, indictment, information, or arraignment."
797202
Plea Bargain!... lol... okay, I dont' know the details and you're giving me second hand information, and I'd never give actual legal advice, so this is entirely opinionated. Details don't matter, but he's likely going to be represented by the state, and the State Attorney will have suggestions, and inform him of his violations  about this issue, which is between him and the S.A.O. (State Attorney's Office), and the Public Defender he is assigned, if so. \n\nWhat you can do, is either hire him a private attorney, or show up at his Pre-Trial and show support!
801634
Habeaus Corpus is one option, but it's only really intended as a collateral attack on wrongful imprisonment.\n\nAs to proving you are innocent, that's the trial process. The judge just grants or denies continuances (delays) based on what the attorneys (prosecutor and defense) ask for. The judge cannot pay more attention to the matter, unless one of the attorney's brings a motion before the court.\n\nAsk your new attorney about a Speedy Trial motion.
1167344
If your this "some guy" and have been charged with a threat against the coppers i'd be glad to help you. (click on my icon and send a message)\n\nIf your question is merely hypothetical, please don't waste anyones/my time and effort. \n\nThe only places i am aware of that offer case citation on the web are all fee based. Try checking out http://www.Nolo.com or http://www.Findlaw.com for a wealth of resources and legal links.\n\nI highly recommend reading the following link if you are/intend to become legally "involved" http://www.net/law/person.htm
1039540
Fines and or up to 10 years for a first offense.\nPrison terms increase to 15, 20 and 25 years if there are aggravating circumstances (like using a false passport to run drugs or aid terrorism)
932755
You're  not going to jail on a 1st offence misdemenor assault, not to worry.  Make sure your witnesses are their in court for you.  Don't settle for a plea agreement other than J-walking.  Your Attorney should be able to show that the other guys witnesses are bogus.
261655
indictment\n\nif I understand your question
998100
They would like to talk to you about your involvement in a domestic case.  They will probably question you if  they do not have solid evidence showing you were involved.  They will take you into a room usually with 2 investigators and it will probably be taped and recorded.  They will read you your rights and make you sign a piece of paper indicating you understand your rights.  If you wish to remain silent you tell them so and say you wish to consult with a lawyer first.  Depending on how serious the charges are they can hold up for up to 72 hours then they have to release you.  If you can not afford a lawyer one will be appointed to you.  And public defenders aren't the greatest.  I would go in and see what is going on.  Otherwise they could put a warrent out on you for you arrest.  Rather be safe then sorry.
737604
Whatever state you are in, go on line and type in (example: Missouri state statutes....or Ohio state statutes.  This will probably bring up the statutes for your state and then search tampering with a witness.  Re-filing on the same charge is done all the time.  Unless you have been tried previously on the same offense, this can be done for as long as the statute of limitations are in effect.  The DA would have to show that new evidence has come forward that indicates that the refiling is justified.  Yes, you would be re-arrested, booked and offered bail unless the DA can show that you should be held without bail because you represent a direct threat to the safety of someone else who will be testifing in another case.  It's a serious charge and judges frown on anyone tampering with a witness because basically you are spitting in the judges eye and saying "I'm not letting a judge decide this case based on what this other person may say, so I will intimidate them until they are too afraid to testify."  The judge may throw the book at you.
886276
You need to look for STATUTE of limitations, rather than statue.  That will help.  \n\nFor robbery, fraud, etc., the general limitation is 7 years, but it might vary depending on state or whether it is federal.  \n\nThe series of books you need is called the Howdunit Series from Writers Digest Books.  I believe the specific volume that would help you is called "Crime and Punishment."  \n\nThere's also a book called "The Crime Reference Book" that is helpful.  \n\nI personally like "Wounds & Injuries".  I like to know where I can hurt my hero without killing him.
992813
Thats an easy one. Just don't show up, you are the complaining witness in that case right?  If you dont show then theres no complaining witness, no complaining witness, no case, that means case dismissed. all charges dropped, but if the state picks up the charges you'll get a subpoena in the mail and you are compelled to show if you don't you get a capias for your arrest, and they make you testify anyway, but that probably wont happen.
72014
i would contact your local legal services free legal aid agency.i know that there is a part of the contract that mentions no violent felonies and drug/weapons charges. It also may depend on how long you go for-if it's like 60 days and it's not for the above charges, why couldn't they freeze it? good luck, keep your head up!
1047125
Most pretrial diversion programs run from 18 to 24 months, depending on the nature of the crime and perceived rehabilitative needs of the "defendant."   Also,  if there is any economic loss to the victim,  the amount of any restitution is taken into account when determining length of the program to allow for the monies to be paid by the time the program date expires.  \n\nI suppose in a particular case,  a pre-trial diversion officer can recommend to his/her Chief Pre-Trial Diversion officer a period of three years.   The federal agent involved may very well NOT know the intricacies of the pre-trial diversion length and may just be giving you a rough estimate.\n\nYou need to contact your local Federal Public Defender office so you have someone representing you through the pre-trial diversion process.  Most courts appoint the FPD office on a consultation basis if the client (proposed defendant -- you) is indigent.  This means you lack sufficient persona funds or personal resources to hire an attorney on your own. \n\nAn attorney through the FPD's office can review the case and let you know whether your rejecting the US Attorney's pre-trial diversion offer is a good bet or not, and the likelihood of conviction should the matter proceed to trial.\n\nGood luck.
1156507
That most likely will not go away until it is handled through the courts.  Most any criminal lawyer ought to have the expertise to handle the required papers, filing and then the ensuing hearing.  Since the original charges are mute, it should be easy to have any flight to avoid prosecution charges dropped.  It would seem that a defense attorney would negotiate with the prosecutor's office to make this happen.
1107048
The longer you wait, the worse the penalties.  There is a warrant out for your arrest now, and that's not a good thing.  Do the time and get it over with - why have this hanging over your head?
474985
Have you been arraigned on this charge?  If the DA is going to file charges then you will need to hire an attorney.  If you can't afford an attorney a Public Defender will be appointed on your behalf.  You will have a Preliminary hearing where the judge will determine if the DA has enough evidence to take the case to trial.  To be convicted a jury must find you guilty beyond a reasonable doubt based on the evidence.\n\nYou have not provided enough information to get an honest opinion of your guilt or innocence and the likelihood of a conviction based on the evidence the authorities have.  You are leaving a lot out of the story.
56596
You can motion (ask) the judge to consider assigning you another public defender.  In your motion, indicate why you feel that the court should assign another attorney to you for this matter.\n\nWrong place at the wrong time is not an excuse.  You need to know who you hang out with.  If you drove someone a Circle K and they went in and robbed the place, came out and drove away with them, you are guilty.  You did not know anything about the robbery, but you drove the getaway car.  Choose your friends better.