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    In fact, according to psychologists including Dr. Gary Wells, PhD, mistaken eyewitness identification has proved to be THE largest single factor contributing to the conviction of innocent people. If your criminal case involves an erroneous eyewitness identification, you need an attorney beginning thorough investigative procedures as soon as possible. You need a skilled attorney who will be able to bring out the real facts and fight against mistaken eyewitness identification both in and outside the courtroom. Falsly Accused MaureenBaldwin T After all, people do not want to live in a world full of crime. S citizens who are California residents are subject to jury duty.

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    This usually translates into a pro-prosecution bias, and makes it hard for someone who is falsely accused to get a fair trial. Jury selection for someone who has been falsely accused of a crime is very important. A good defense attorney is not looking for people who are pro-crime, but someone who will use their own experience and thoughts about the trial, who will truly do what the law requires—make the prosecution prove its case—not look to them for guidance. This is especially important in a jury trial for the sort of crime that causes great anger in the mind of the average citizen, such as crimes of violence against children or the elderly, or any sort of sex crime.

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    However, if false allegations are made against you or someone you know, it is easier to reconstruct your time if you can document where you were at what time, and who you met at which point in time. When is a search illegal? The Fourth Amendment to the U. Constitution guarantees a right to be free from unreasonable searches and seizures. If the officer has a warrant, he can generally search. However, he may be limited by the terms of the warrant itself as to whether the actual search is lawful. There are also issues that arise as to whether the judge should have issued the warrant in the first place. These are complicated legal challenges. Most often, a search has occurred without a warrant.

    If an officer sees contraband in plain sight, it is generally a legal search, unless the officer is not lawfully in the area where he sees the contraband. For example, if someone calls the police to report a crime occurring in your home, it may or may not be lawful for the police to enter, depending on the source of the information and the seriousness of the situation. These are not simple matters to sort out on your own. An attorney should be consulted to advise you what course to take regarding a potential challenge to the search.

    When I was arrested, the officer did not read me my rights. Can I get the case dismissed? This is not as obvious as it seems and there have been a number of court decisions where a court must decide this issue. These issues often arise when someone has agreed to an interview at the police station but is told he is not under arrest. Most simply, if the officer is asking you questions in your home or your car, but you are free to leave if you choose, then the Miranda Rights do not apply. On the other hand, if you are in jail, the police car, or handcuffed, the officer cannot ask questions without reading your Miranda rights.

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    Even then, the courts have carved out exceptions: If an officer is investigating you, you are not required to be interviewed and should immediately consult an attorney. I have an old felony conviction. Can I go back to court and get it reduced to a misdemeanor? Some felonies may not be reduced. Those are usually serious felonies, but can include possession for sale of drugs, simple possession of certain drugs, false imprisonment, depending on how it is charged, and even some Vehicle Code offenses. If you have been to state prison on a crime, it can never be reduced to a misdemeanor. Many felonies are alternative felony — misdemeanors, where the Code permits punishment in either the state prison or the Free casual sex in santa clara ca 95050 jail.

    If you have been given probation or a county jail sentence for those crimes, you may petition the court to have them reduced to misdemeanors. It is not automatically granted. You do not have a right to a re-classification, as in a record clearance. They must be dealt with on a case by case basis. It is best to involve a criminal defense lawyer if you have questions about re-classifying a felony to a misdemeanor. What if I am arrested for domestic violence? Many couples that are not usually physically abusive to each other have found themselves facing domestic violence charges for what they believed was just an argument.

    The police department is not a marriage counseling service. When is dialed and a domestic violence incident is reported, officers come out to the home with the intention of investigating a crime and arresting a spousal abuser. If you have been arrested for domestic violence, you need legal assistance. The consequences involve a jail term, a period of probation, and a one year long counseling program for which absences are not excused. A conviction for domestic violence is considered Free casual dating in chicago il 60672 violent crime. These crimes can also result in deportation for parties who are not U.

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    Police are allowed to lie to you in an investigation. Police do not have to inform you if they are recording an interview with a criminal suspect, or even a telephone conversation. You cannot take back what you have already said to police later! You need to contact a criminal defense attorney before you get into a problem. What happens at the first court appearance? The first court appearance is called the arraignment. That means that the criminal defendant is advised of his charges. If the matter is a misdemeanor, the defendant will be given an opportunity to plead not guilty, guilty or no contest. If you plead guilty or no contest, your case is over and you are sentenced that day.

    That means if you plead guilty or no contest, and then decide to hire an attorney to fight the case, it is usually difficult to do so because the court has advised you of the rights you are waiving giving up. If the matter is a felony, the court will not accept a guilty or no contest plea from a criminal defendant who does not have an attorney. You will be asked to hire an attorney and come back with that attorney. If you do not have money for an attorney, the court will refer you to the Public Defender and order you to keep the appointment anc then come back.

    In many cases, not having an attorney at the time of the first court appearance is simply an inconvenience since it means you have to come back on a different day with your attorney. There are some exceptions. This usually happens if the defendant is in custody. It can happen when the defendant is out of jail also. For example, if you are arrested for a DUI, and the police record check does not pick up some out-of-county prior DUIs, you might get released without having to pay bail own recognizance. By the time the case is in court, the DA will have run a full record of your prior convictions.

    If you go to court out of custody as a first DUI offender, but you really have one or two DUI prior offenses, the judge at arraignment will likely raise your bail on the spot. That means you will go back into custody until you can post the higher bail. The second common exception is in the domestic violence setting. They may not want a restraining order. Or the restraining order period may be over by the time the defendant has his first court date. If the defendant goes to court alone, without the alleged victim, the court will likely order a no contact order.

    That means you cannot go home or even talk to your spouse. If you have an attorney present, you are prepared for problems such as the two I have discussed. You can have bail money ready if you know the judge will raise the bail in a situation like the prior uncharged DUIs. If the judge will consider treatment alternatives, you can be in a program to avoid higher bail, depending on the judge and how many prior DUIs are on your record. In the domestic setting, if the alleged victim does not want charges to go forward, that person can inform the court that he or she does not want a no-contact order.

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