Dismissal of charges in criminal defense case

In a case out of California, a conviction is overturned when the prosecution uses an illegal tactic to prove guilt.

2014-04-05

April 05, 2014 (Press-News.org) Dismissal of charges in criminal defense case

Article provided by Serino, MacKay & Berube PLLC
Visit us at http://www.smandb.com

There are many tiers to the justice system in the United States. The system is designed not only to hold someone accountable for a crime, but to make sure that the person charged with the crime is guilty. A variety of rules and regulations are used within the court room to help better ensure that a person is not wrongly convicted of a crime.

A recent case out of California provides an example of how the rights of an individual charged with a crime can be violated. The case began when a man was stopped at a Border Patrol checkpoint. At the checkpoint, officers discovered a large amount of marijuana stored within the vehicle. The driver argued that he was unaware of the presence of marijuana within his vehicle and instead believed he was transporting a load of Clorox. He stated that he took a job to drop of the Clorox in Nevada and return to California to pick up a second load, which would also be delivered to Nevada. He stated that the job he was hired to complete was estimated to take three to four days.

Prosecutors were attempting to establish that the driver was aware that he was transporting an illegal drug. During the prosecution's closing argument, a new piece of evidence was presented when the prosecution mentioned that the driver had no luggage with him when he was apprehended. They argued that because he did not have luggage his story about conducting a three to four day trip was faulty. This argument was likely made in an attempt to raise questions about the truthfulness of the man's entire statement. Ultimately, the man was convicted of the crime.

Unfortunately for prosecutors, the information presented in the closing argument about a lack of luggage was not brought up earlier in the case. Presenting new evidence in the closing arguments is against the rules of evidence, or rules that attorneys must follow when presenting a case in court. These rules are designed to help ensure that the trial is fair. Violation of these rules can lead to a dismissal of the case. In this situation, the violation led the court to overturn the conviction.

Many different types of violations can occur in a case

This is only one example of a violation of the rights of a person charged with a crime. In 2013, the arrest of a Philadelphia narcotics cop led officials to overturn the convictions of over 50 individuals accused of drug crimes due to concerns that the officer's testimony was faulty. Evidence against the officer showed that he plotted to steal drug money and plant drugs in suspect's vehicles.

These are just a few examples of things that can go wrong during trial or when evidence is put together against a person accused of a crime. As a result, it is important those who feel they are wrongly charged with crimes take the charges seriously and contact an experienced criminal defense lawyer to better ensure their legal rights are protected.

ELSE PRESS RELEASES FROM THIS DATE:

Paternity and Legitimation Actions in Georgia

2014-04-05

Paternity and Legitimation Actions in Georgia Article provided by Law Office of Shawn P Hammond Visit us at http://www.hammondlaw.org Many fathers want to be involved in their childs' lives regardless of whether they were married to a child's mother at the time of the birth. Of course children also benefit from having a close relationship with their father. Fathers wanting to establish custody or visitation rights to their child need to go through the appropriate legal proceedings. A father may need to establish paternity as well as pursue a legitimation action. What ...

Understanding Pennsylvania pregnancy discrimination

2014-04-05

Understanding Pennsylvania pregnancy discrimination Article provided by Logan & Logan Visit us at http://www.loganlawfirm.net We are all familiar with federal laws that prohibit discrimination on the basis of gender, religion, race, disability, age, color, participation in protected activity and national origin. As such, we understand that it is illegal to discriminate against someone who is a member of one of those "protected classes" or engaged in a protected activity. Though, sadly, prejudice of that type does still occur, the country has made great strides ...

Factors that may lead to a child support modification in Tennessee

2014-04-05

Factors that may lead to a child support modification in Tennessee Article provided by Autry L. Jones, Attorney at Law Visit us at http://www.autryjones.com In Tennessee, the amount of child support is determined by using a formula that is contained in the state statutes. Certain factors, including the income of the parties as well as the needs of the child, will be analyzed to set the amount of support that will be required when the parents divorce or end their relationship. For most parents, these child support awards can be very difficult to change. The court ...

Federal employment discrimination statistics do not look good for Texas

2014-04-05

Federal employment discrimination statistics do not look good for Texas Article provided by Kennard Law, P.C. Visit us at http://www.kennardlawelpaso.com At 9,068 charges, Texas employers received almost 10 percent of the nation's federal employment discrimination, harassment and retaliation allegations in FY 2013, according to statistics from the U.S. Equal Employment Opportunity Commission, the federal agency charged with enforcing federal anti-discrimination laws. This is an increase from FY 2012's 8,929 Texas-based charges. On the other hand, nationally the ...

Medical marijuana bills considered by Tennessee legislature

2014-04-05

Medical marijuana bills considered by Tennessee legislature Article provided by Law Office of Kenneth W. Brashier Visit us at http://www.brashierlaw.com Recently, the Tennessee House health subcommittee considered two bills regarding the use of marijuana for medical purposes. The results were vastly different for the two bills. The first -- called the Koozer-Kuhn Medical Cannabis Act or H.B. 1385 -- did not make it out of committee. The bill would have allowed patients suffering from a variety of ailments to possess enough marijuana to treat their illness for ...

As the economy improves, the divorce rate rises

2014-04-05

As the economy improves, the divorce rate rises Article provided by Wilson-Goodman Law Group, PLLC Visit us at http://www.wgandf-law.com As the economy recovers, divorce is making a comeback, too. Many are surprised to learn that the divorce rate declined as the recession kicked in. While it is largely undisputed that financial turmoil places strain on a marriage, couples appear to be waiting until they are more financially secure before getting out of marriage. According to a sociologist from the University of Maryland, about 150,000 fewer dissolutions occurred ...

Termination of the parties' shared parenting plan was properly denied

2014-04-05

Termination of the parties' shared parenting plan was properly denied Article provided by Kelly Law Office LLC Visit us at http://www.kellylawohio.com In Drees v. Drees, the Third District Court of Appeals of Ohio held that the trial court should have applied a "best interests of the child" test in determining the mother's motion seeking a termination of the parties' shared parenting decree. The appeals court said that proof of a substantial change in circumstances was not required, but nevertheless upheld the trial court's decision denying the motion due to a lack ...

Delaware motorcycle crash results in one fatality

2014-04-05

Delaware motorcycle crash results in one fatality Article provided by Law Offices of Joseph J. Rhoades, Esq. Visit us at http://www.rhoadeslegal.com As the weather in Delaware is beginning to improve, many people will soon choose to travel by motorcycle. Unfortunately, as recently demonstrated, severe accidents can occur following increased motorcycle traffic on the roads. According to the Delaware State Police, a motorcyclist was killed in Newark, Delaware recently, after his motorcycle was hit by a pickup truck. Following the collision, the motorcyclistwas thrown ...

Finding ways to deal with credit card debt

2014-04-05

Finding ways to deal with credit card debt Article provided by Debra Booher & Associates Co., LPA Visit us at http://www.bankruptcyinfo.com As the economy begins to rebound, many Ohioans are starting to spend more money on goods and services in the region. These expenses can quickly add up, and sometimes, consumers may not have enough money left to pay for some of the items that they need. They may decide to make the transaction using a credit card, thinking that they will pay off the balance the following month. For some individuals, this balance continues ...

Common estate planning mistakes highlighted by celebrity deaths

2014-04-05

Common estate planning mistakes highlighted by celebrity deaths Article provided by Law Office of Hugh Duff Robertson P.C. Visit us at http://www.lawhdr.com A number of famous actors have passed away in the last year. Not only have their premature deaths rocked the entertainment industry, the inadequacy of their estate plans are causing many people to rethink and update their own plans. Estate planning is an important process for adults of any age and financial status. A well-constructed estate plan can help provide for those you love while ensuring that your ...

Dismissal of charges in criminal defense case

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: