Questions tagged [criminal-procedure]
The criminal-procedure tag has no summary.
211 questions
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Is a consequence of waiving privilege for new representation that anyone can now access the privileged material?
A person was convicted of murder.
They take on new legal representation to help them appeal against the conviction.
They waive privilege to give their new lawyer access to the notes of conversations ...
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Obtaining Court Exhibits After Case Transfer and Court Reporter Departure (Texas)
Imagine the following hypothetical scenario involving a criminal case with some administrative complexity:
Situation:
A status hearing occurred in one county criminal court
The case was subsequently ...
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3
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What laws determine how long a court case lasts?
It is reported that the Palestine Action court cases will be limited to only 36 minutes.
This is the first time I have heard of such a time limit set in advance of a trial, the language used by the ...
- 1,407
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How could one be informed of an accusation of child pornography and what would this look like?
TL;DR;
I keep getting fake E-Mails from "the federal crime police" with attachments like in the image below, where I'm accused of child pornography and exhibitionism. I don't know what the ...
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When can prospective jurors be questioned for any biases?
To my understanding, peremptory strikes, in England and Wales, were abolished in 1989. Therefore, American-style ‘jury vetting’, i.e. ‘voir dire’, feels, at this point, foreign to the jurisdiction.
Of ...
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Can defense claim that excluded evidence doesn't even exist?
I have a question about something that happened on last night's "Law and Order" (minor spoiler warning).
Before the trial, the judge excluded extremely damning evidence against the defendant....
- 11.1k
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Felony proceedings starting in Circuit Court
In Michigan, the normal course of actions for a felony charge, is that arraignment to, and including, preliminary examination be held in a District court and the rest of the proceedings be held in the ...
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Could charging a judge with a felony to get them suspended be "scaled up" indiscriminately by the US Department of Justice?
The most recent US president and administration have expressed displeasure with the judges who don't rule in their favor.
A recent action by the US Department of Justice (which may be less independent ...
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Can an illegal alien who commits a serious crime request deportation instead of US imprisonment?
Suppose an illegal alien commits a serious crime punishable by years in prison. It can be proven beyond a reasonable doubt that he/she did it. Can the illegal alien request that he/she be deported ...
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What is the definition of "an" information?
In some previous Criminal Procedure Rules quoted in a recent answer, it says:
7.3 (1) Subject to any Act passed after 2nd October 1848, a magistrates' court shall not proceed to the trial of an ...
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Is a defense attorney entitled to call a witness that was called by the prosecution?
I was watching My Cousin Vinny the other day and something stood out to me was that the Sheriff was called to the stand and provided testimony for the prosecution (I believe this was a pre-trial ...
- 2,798
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Can evidence be used in a trial if it was obtained by an officer who's been fired and is under investigation?
Can evidence introduced by an officer who has since been fired from the sheriffs dept. he worked for, and is under investigation himself for misconduct (in another incident) still be used at trial?
If ...
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Can I initiate prosecution for a lie in a sworn affidavit that I relied on?
Let's say someone provided me a sworn affidavit that I relied on (in case it matters, this is for a landlord/tenant matter). I later find very good evidence that the statement in the affidavit was, in ...
- 347
1
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RICO Statute of Limitations
When does the statute of limitations begin for RICO when the crime itself lasted for more than 5 years and the victims only discovered it let's say in year 7 and the last act of the enterprise was in ...
- 67
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Why do South Korean arrest warrants for presidents expire so quickly?
From CNN's January 7, 2025 South Korean authorities extend arrest warrant for embattled President Yoon Suk Yeol:
South Korean authorities have granted a request to extend a warrant to detain the ...
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