Featured Posted on November 26, 2021January 31, 2022Categories Criminal Charges

How To File Criminal Charges Against Someone?

Criminal trials are great television drama, but the beginning of the trial is often off-script. This article will give you information on how charges are filed and what happens between arrest and trial.

The Information

The first way a criminal trial can be started is through a document called “information.” This document is written by the prosecutor and is similar to a complaint in a civil trial. After finding probable cause at the preliminary hearing, the information is filed. The prosecutor describes what happened in a series of statements and then shows how the defendant’s actions are crimes. Information content can come from police reports and other documents produced through police investigation, but it can also come from complaints submitted by citizens.

In most states, prosecutors proceed to trial after felony charges are filed through the information. In the federal system, a prosecutor can file misdemeanor or felony charges through information (if a grand jury is waived).

Indictment

The second way a criminal trial can begin is by indictment through a grand jury. A prosecutor will review the evidence gathered by the police and give that evidence to a jury. The jury will decide whether the defendants should go to trial.

Appointment

The third way to file criminal charges is the easiest. A police officer can watch someone commit a misdemeanor, such as speeding, crossing the street, or littering, and write a ticket, also known as a citation. Quotes can only be used to accuse someone of a violation, which are misdemeanors that are generally not punishable by prison.

Importance of the Pre-Trial Period

While there are different ways that charges can be brought, the process they initiate is ultimately important, especially from the perspective of a criminal defendant. While it may not be good theater, this process is made up of various constitutional protections to prevent abuse by the government. After all, during the pre-trial period, a defendant and their attorney can challenge the prosecution’s actions and initiate negotiations to possibly reduce the charges or initiate an agreement with the prosecutor.

The defense team can also challenge certain pieces of evidence (such as confessions) and avoid your admission at trial, or they can use this period to present more favorable evidence. In other words, in many cases, the pre-trial period can ultimately shape the outcome in a case.

Posted on November 25, 2021November 26, 2021Categories State and Federal Courts

Difference Between State and Federal Courts

The main distinction is that state and local courts are authorized to hear cases related to the laws and citizens of their state or city.

Federal courts make decision lawsuits between citizens of different states, cases against the United States, and cases involving laws specific federals.

The federal court hears your case if:

  • The case mostly involves violations of the U.S. Constitution, Treaties, or federal laws,
  • It is a legal dispute between citizens of different states or foreign citizens,
  • It is a bankruptcy, copyright, patent, and maritime law case, or
  • It is a criminal matter listed in the US Code.

The United States Supreme Court is the only federal court mentioned in the United States Constitution.

Congress has, over time, created the federal district courts, where trials take place, and the federal circuit courts of appeal to hear appeals from the district courts. While there are fewer federal decisions, they are often of national importance. The US Supreme Court is the last stop on the judicial path. You don’t listen to every presented case, but you decide which cases to review and decide. The legal term for the order to review a lower court decision is to grant certiorari, often shortened to “grant certificate.

Federal judges are appointed and, following Article III of our Constitution, “they will maintain their positions during good behavior and, at certain times, they will receive compensation for their services that will not be diminished during their tenure in office.” in other words, they are appointed for life and are paid for their work. Federal Magistrates are appointed for limited terms and generally hear disputes involving discovery and other subsidiary matters.

State or local courts hear:

  • Cases relating to laws passed by the state legislature or local authorities,
  • Most family law cases, personal injury lawsuits, contract disputes, traffic violations, and

State courts are three-tier courts with a court of the first instance, a court of appeal, and a supreme court. The judges of the state courts are appointed or elected.

Generally, there are two trial-level courts. District courts, for example, decide landlord-tenant, small claims, traffic violations, civil cases with claims up to $ 25,000, and all criminal offenses (generally, cases where the defendant, if found guilty, cannot be convicted to more than a year in the county jail).

The circuit court hears all civil cases with claims over $ 25,000, all felonies or more serious, family law cases, probate matters, juvenile delinquency, and cases related to the state constitution. In addition, the circuit court receives appealed cases from other trial courts or administrative agencies.

Each state has courts of appeal that hear appeals from the lower courts. The number of appellate courts varies depending on the size of the state and the number of cases.…

Posted on November 24, 2021November 26, 2021Categories Driving

Driving Without A License

To ensure the safety of everyone on the road, every state in the United States has developed comprehensive sets of laws designed to control the actions of drivers and prevent traffic violations.

Therefore, a driver’s license is allowed only for those who have established that they can comply with the road rules and have indicated that they will respect the responsibilities that driving necessarily encompasses.

Reasons for driving without a license

There are several reasons why a person can be caught driving without a license. Often, the driver may have simply never applied for a driver’s license from their local Department of Motor Vehicles (DMV), and therefore no license has been issued.

A driver can also drive without a driver’s license because that license has been suspended or revoked due to a past crime or pending legal issue. In these circumstances, the driver can be charged with driving without a license, depending on the specific state’s laws.

Punishment for driving without a license

This crime is charged as a misdemeanor. In particular, where you drive is also important in some states.

An additional common effect of driving without a license fee is a significant increase in auto insurance premiums. Many auto insurance companies will be quite reluctant to provide insurance for people caught driving illegally in this manner.

Driving without proof of license

In some circumstances, an individual can be pulled over for a traffic violation and find that they have forgotten the license.

In possession of a valid license, the driver will not show law enforcement officers that this is the case. Usually, the driver can be given a citation or a warning about the failure to produce a license but will be allowed to show the license later. Failure to produce a license means that the driver does not have a valid license, and the driver should present a license to the court to avoid a criminal charge.