Question on criminal defense law.?
928323
There's an old adage that the first client of the criminal defense attorney is the US Constitution.  \n\nMost criminal defense lawyers don't care whether their clients are guilty or not.  They just want to ensure that the police and the prosecutors have done their jobs properly and ensure the criminal justice system is working.  If they lose at trial, but are satisfied the the police and prosecutors did everything by the book, they generally don't take it too hard. If the defense thinks a conviction is imminent, they will generally try a plea bargain to receive a lesser sentence for their client.  Before anyone makes any judgment's about the criminal defense attorney "trying to get his client off with a slap on the wrist", they should also realize that the prosecutor has to agree to the deal, and the judge has to approve it.  So if anyone is ever upset with a plea bargain, they need to realize that if the judge and prosecutor went along with it, its probably in the state's best interest as well.  \n\nBut to answer your question, see below.\n\nABA Model Rule of Professional Conduct 3.3 Candor Toward The Tribunal\n(a) A lawyer shall not knowingly: \n\n(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; \n\n(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or \n\n(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false. \n\n(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. \n\n(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. \n...\n\nSo if a client confesses guilt to his lawyer, the above rule prohibits the lawyer from putting the client on the stand (refered to as "subornation of perjury").  If the lawyer knows the client is guilty, and the client doesn't plead guilty, the case goes to trial.  At trial, the lawyer can't put the client on the stand, because the lawyer knows the client will lie about his or her innocence once they are on the stand. This is why defense lawyers don't care whether their clients are guilty or not, and why they specifically tell their clients not to tell them if they are guilty or not.  They don't want to know, so they can put them on the stand. \n\nBelieve it or not, this rule is almost never violated.  No lawyer would ever risk losing his license because his or her client is a liar.\n\nAnd remember, OJ didn't take the stand.  Draw your own conclusion....
815854
Of course I approve. If we didn't have lawyers then you could be arrested and tried for anything without a defense. Everyone is entitled to a defense. What if you were innocent? Your lawyer would be your best friend and only friend in some cases.
71029
Great Question. Im gonna have to find out from a lawyer.
982004
Apparently someone has been criminally charged as a result of of your complaint. Obviously they contest the charge(s) or refuse to plea and adequately moved for jury trial. Unless they take a plea for a reduced charge you will probably have a say, if not some explaining to do.\n\nOtherwise you have turned the matter over to the "court" and they will decide if you get to say anything in a legal forum regarding the matter. \n\nFurther it is up to the states prosecuting counsel and the defendants counsel whether or not you will be called as a witness of which there is no guarantee you will get to testify.
124325
You should have asked, "How much money does someone need to hire a defense lawyer to get me out of this?" I guess it takes a lawyer that can seperate his values and remember that he is there to make sure the guilty party rights are not infringed upon.I personnally would not want to represent the guilty. But, that is what why we have rights. Guilty or not.. Remember the OJ trial.
330913
Ask you attorney or look in the your state's penal code book.
529627
call a lawyers office and ask. i think it depends on the laws in your area
312745
I'm a police officer in Texas and I can tell you what Texas law allows. In Texas there is a 2yr statute of limitations for Misdemeanor offenses from the date of the violation, or the date the officer first became aware of the offense in which to file a complaint in court. However, it's not very ethical and you can surely bring it up in court before a judge or jury if you request a jury trial. Did you do anything after he originally let you go that might cause him to take that action? Even if you did, I think you can have him explain to the court why he did that; just on face value from what you said it implies a personal bias against you or harrassment or retaliation at worst. That's a criminal offense if proven against an officer. I'd suggest calling the Internal Affairs division of the agency he works for and / or a supervisor. You can seek free legal advice from your local State Bar Association or attorney's where you live, and you can plead "no contest" if you want which is a plea that finds you guilty of the offense but does not imply a confession, and allows you to explain to the judge what happened and usually results in the fine being cut in half.
251720
It depends on what the offense was,how old you were when you committed it,and if you have a past criminal history.If under the age of 18 and the offense wasn't a violent one,don't worry.If over the age of 18 and the offense that you committed was either your first and it wasn't too violent,you can ask the judge that it be espunged(the D.A. would have to agree with this arrangement too),if over the age of 18 or under the age of 18 and/if you have a criminal history...your f--ked.
752730
You are incorrect, sorry.\n\nLet us examine this in detail.\n\nLaws are open for interpretation by state courts and the supreme Court.\n\nLets do an example to clarify:\n\nThere is a basic Law against Assault and Battery...Fact.\n\nPerson  A  is in a discussion with Person  B , for no reason at all...Person  A  Punches Person  B  and causes physical harm.\n\nThe law Protects person  B  from assault and Battery.\n\nTwo weeks Later, Person B assaults the Brother of Person  A and causes Bodily injury.\n\nI assure you that Person  B will be charged with Assault and Battery and be convicted by a jury of his Peers.\n\nI hope that this clarifies.
463088
We need some more information to be able to answer... what is the jurisdiction? Most sentencing laws are at the state level, and we would need to know what state you are in to be able to look into it.\n\nI can find no law anything like what you refer to. Even if there were, it doesn't sound like your husband's case would apply, because time served for one crime is NEVER applied to a sentence for another, unless a sentence specifically says that the two convictions are to be served concurrently.
517206
HI MJ- Unfortunately, the law states that he can be charged, regardless of his state at the time. The only defense would be temporary insanity, but that has not worked in the past for people who were unaware of their actions due to too much alcohol or illegal drugs, so it would not likely be usable in this case either.  What may happen is that he could plead to a lesser charge due to impaired judgment brought on by a combination of a small amount of alcohol in conjunction with a legal benzodiazepene (I assume here that he had this as a prescription, and was not taking it illegally)- However, even that is iffy, because all people given BZDs are strongly warned about taking it with alcohol, and on the bottle itself there are strong warnings.  If he were using the drug illegally, then that pretty much shoots down all defenses.  But, in the end, just because he did not remember, or even know what he was doing, does not mean he will not be held legally accountable-he definitely will...how strongly will depend on his past record, the reason he was using the BZD, and the severity of the crime.  Get a good lawyer and try to plead a lesser charge based on reduced judgment due to ignorance of the drug interaction effect.  I just hope the BZD was a prescription for him.  Good luck, MJ
1165281
You shouldn't expect to get a realistic answer from anyone here because no one here (except you, perhaps), knows all the details of your case.  It would take an attorney no small amount of time to prepare a defense for you, and nobody here is going to be able to offer you real help without knowing all the details.  This is one of those situations where Y!A really isn't going to be especially beneficial for you.
1108677
I believe it seriously depends on the severity of the crime and who/what was involved. Being in good standing order before the crime also helps. It sounds like you're doing something for your community- but helping a bit more couldn't hurt. Perhaps you could speak with a lawyer or a government official.
823682
The Law exists, and is there. However there are some little minor glitches here.\n1) Why do you have a gun?\n2)Why did you not attempt to walk away and call the Police/\n   (taking the Law in to your own hands...)\n3) you must be able to prove beyond reasonable "doubt" that    you  were in a situation of self defense, and you had no other recourse.\nMost likely you will go to prison, unless you can prove with witnesses.............
975949
Your question is too vague.\n\nDepends on the case, what stage its in trial, what the statute of limitations are for the offense... and a thousand other variables. \n\nYou need to report with much more detail before you can get a correct answer.
165527
Wow, sounds horrifying for you.  Sorry.  First, start gathering evidence, everything you have and can get, to substanciate your accusations.  Also, I believe the Public Defender is protected against hold harmless laws, so maybe you can file a complaint through the District Attorney's office? Start researching this through the state website where you live.  There is much information on each State's site.  Begin researching now before your statute of limitations runs out.\nGood luck to you on this difficult battle my friend.