Sentences with phrase «case of a criminal conviction»

Additionally, the court must provide for an evaluation in the case of a criminal conviction to determine whether the offender poses a threat to the child before a custody order is entered.

Not exact matches

As former IRS Criminal Investigation chief Mark Matthews recently put it, «The inevitable result of CI budget declines is a decline in CI's core product — criminal cases and convictionsCriminal Investigation chief Mark Matthews recently put it, «The inevitable result of CI budget declines is a decline in CI's core product — criminal cases and convictionscriminal cases and convictions.»

ACCC Chairman, Rod Sims, points to fines being lower in Australia and renewed hopes that «this year would see Australia's first conviction in a case of criminal cartel conduct».

Pfizer / Wyeth received a criminal conviction in 2003 for a «cyncial and deliberate breach of the regulations» after Birmingham Trading Standards brought a case over an advertising campaign — click here.

«Research has shown that when survivors are given proper information and support their case is more likely to end in the criminal conviction of the perpetrator of sexual violence,» Emma Scott, director of Rights of Women said.

Court officials said the display focused on a mix of civil and criminal cases in which the appeals court made new law, and was tilted toward convictions because appeals generally occur in a criminal case after a conviction.

«The exhibit as a whole may be interpreted by potential jurors as the Court's celebration of criminal convictions in significant cases, and particularly cases involving allegations of public corruption,» said the letter filed by Daniel Gitner, a lawyer for former energy company executive Peter Kelly, a co-defendant.

He noted that the display features about 30 criminal cases, nearly all of which resulted in convictions, with only a couple «defense - friendly» results.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

«What happens is, it's as though there has never been an indictment or a conviction because the law feels very strongly that a person should not bare the cross and the stigma of a conviction without the opportunity to fully challenge all aspects of a criminal case,» DerOhannesian said.

«We err on the side of caution in these rare cases precisely because it is vital to ensure that the disclosure individuals do not fraudulently try to claim they have no criminal convictions when in fact they have.»

State data shows close to 96 percent of cases involving 16 - and 17 - year - old defendants did not result in a criminal conviction last year.

According to her, the agency has busted a number of criminal activities, recorded 331 convictions since 2004, with various other ongoing cases at an advance stage in courts, and rescued many trafficked youths who are being rehabilitated and given a new lease of life.

Lawyers representing Dean Skelos appealed his criminal conviction Thursday, arguing the former New York state Senate majority leader should get a new trial because a U.S. Supreme Court case had changed the definition of some public - corruption offenses.

Half of all criminal court cases involve summonses but only 27 percent of summonses issued last year resulted in a conviction.

Criminal background checks show felony and misdemeanor convictions and pending cases, usually including date and nature of offense, sentencing date,.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public iCriminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public iCriminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public icriminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

A request from an offender with a prior criminal conviction asking the court to seal the records of that earlier case and to prevent the release of information regarding that earlier case.

At the Law Office of Vikas Bajaj, APC, we fully understand both the immediate and long - term consequences of criminal convictions, which is why we aggressively take on state prosecutors in cases like:

The Argersinger rule also tends to impair the proper functioning of the criminal justice system in that trial judges, in advance of hearing any evidence and before knowing anything about the case except the charge, all too often will be compelled to forgo the legislatively granted option to impose a sentence of imprisonment upon conviction.

Since a criminal prosecution, guilty plea, or conviction can be the trigger for negative immigration consequences, such as Deportation or Denial of Naturalization, etc., by managing or winning the criminal case, a much more difficult immigration law problem may be avoided.

Although our criminal justice system is considered one of the best in the world, it remains the case that wrongful convictions and miscarriages of justice can and do occur, especially in the context of allegations of sexual offences.

The European Court of Human Rights now communicated six cases concerning the nationwide criminal record and the use of prior homophobic convictions still listed there to the Austrian government.

Max A. Keller also has considerable experience handling appellate cases for criminal convictions, having worked under numerous judges in the Minnesota Court of Appeals.

That is why the burden of proof in criminal cases must be as high as it is, «proof beyond a reasonable doubt» — to provide adequate protection against wrongful convictions.

The most challenging cases I defend are those cases where my client has prior criminal history of significance or, most notably, when my client has prior DUI charges or convictions.

In cases which arise from wrongful criminal convictions, resolution of the criminal charges in a manner favourable to the plaintiff may be required before a cause of action can arise.

While in law school, Mr. Barton clerked for the California Department of Justice, Criminal Appeals Division, and submitted appellate briefs to the California Courts of Appeal in eleven cases seeking to uphold convictions.

The stores having these collections letters mailed may generally be happy with the number of people who pay money on the letters, without going to the trouble of paying attorney fees for filing and pursuing a lawsuit, and proving the case (particularly if a conviction has not been obtained in the parallel criminal case) with witnesses and other evidence.

We had a client who couldn't go on her daughter's field trip because she had a bad check case dismissed 10 years ago, and so it's a real opportunity to help people who have been outcast from mainstream society because of old criminal convictions and things of that nature.

Depending upon the particular campaign finance law involved, which isn't clearly specified, there might be a criminal penalty (either a misdemeanor or a minor felony) as well, which could give rise to a probation sentence, a sentence to some period of incarceration, a period of post-release parole, criminal fines, court costs, and, at least in the case of a felony, some collateral consequences of that conviction such as a prohibition on owning a gun and ineligibility for many occupations and jobs.

«Mr. Gold is one of the finest criminal lawyers in the country at both the trial and appellate levels and if there is a conviction here, depending upon his client's instruction, I expect to see this case appealed,» he says.

We can appeal a conviction or sentence and make representations to the Criminal Cases Review Commission (CCRC), regardless of whether the firm acted for you in your original matter.

At the Tibble Law Office, P.C., we believe that you should not have to live with the long - lasting repercussions of a criminal conviction, especially if you were acquitted or your case was dismissed.

If so, you should understand the potential consequences of a conviction in your criminal case.

While DNA evidence has been used successfully in securing post ‑ conviction exonerations in the United States, the vast majority of Canadian criminal cases and claims of miscarriages of justice are not subjected to DNA analysis.

The ruling, says Straw, could affect hundreds of cases in the prosecution pipeline and raises fears that serious convicted criminals could seek to use the technicality of the judgment to have their convictions quashed.

The common case in which a conviction is quashed because there exists some doubt about its safety is excluded from the definition of «miscarriage of justice» for the purposes of s 133 of the Criminal Justice Act 1988.

The Criminal Cases Review Commission (the «Commission» or «CCRC») was established by the British Parliament under the Criminal Appeal Act of 1995 following recommendations from the 1993 Royal Commission on Criminal Justice (the «Royal Commission»), a royal commission charged with investigating how effectively the British criminal justice system secured convictions of the guilty while ensuring acquittals of the iCriminal Cases Review Commission (the «Commission» or «CCRC») was established by the British Parliament under the Criminal Appeal Act of 1995 following recommendations from the 1993 Royal Commission on Criminal Justice (the «Royal Commission»), a royal commission charged with investigating how effectively the British criminal justice system secured convictions of the guilty while ensuring acquittals of the iCriminal Appeal Act of 1995 following recommendations from the 1993 Royal Commission on Criminal Justice (the «Royal Commission»), a royal commission charged with investigating how effectively the British criminal justice system secured convictions of the guilty while ensuring acquittals of the iCriminal Justice (the «Royal Commission»), a royal commission charged with investigating how effectively the British criminal justice system secured convictions of the guilty while ensuring acquittals of the icriminal justice system secured convictions of the guilty while ensuring acquittals of the innocent.

None of that was enough for the trial judge — or the New Hampshire Supreme Court — to throw out the conviction, but, as the National Law Journal reports in an article to be published Monday, the case illustrates a new area of concern for lawyers in criminal and civil trials.

In the Bek case, the appeal to the Seventh Circuit Court of Appeals in Chicago primarily dealt with the sufficiency of evidence to support criminal convictions.

The majority of criminal cases in Ontario are prosecutions «by summary conviction» and proceed to disposition of in the lower court (the Ontario Court of Justice).

The doctrine of collateral estoppel may apply when a criminal conviction is based on facts identical to the facts on which a civil case is based.

Under the Criminal Code of Canada, anyone that is found guilty of Fraud under $ 5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years or, in less serious cases, by an offence punishable on summary conviction.

Our national reputation for winning big cases at trial forces prosecutors and other opposing counsel to rethink the charges against you and reevaluate their chances of success at trial which maximizes your chances of avoiding a criminal conviction and avoiding jail time.

The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.

Regardless of where you stand on the question of whether there should be criminal prosecution in these cases (you can read my thoughts on this here), any Maryland accident lawyer will tell you that this question is of little consequence to the family's wrongful death lawsuit because there is little difference to the accident case whether the conviction is for vehicular manslaughter or for the ticket that this P.G. County police officer did receive in this case (assuming the ticket is involves something beyond speeding).

One of the cases presented to me at this moot was Kathryn Leah Smithen v. Law Society of Upper Canada, dealing with an applicant who «disclosed a criminal history of 38 or 39 convictions for fraud - related offences between 1979 and 1993, several outstanding civil judgments, two judgments entered against her in actions involving fraud, two terminations of employment for cause, and two declarations of bankruptcy.»

In these cases, the High Court will be required to consider whether the imposition of an order with such potentially far - reaching consequences can be justified in the absence of any criminal conviction.

Civil claims will continue, he adds, but «because the criminal conviction is wiped out, the plaintiffs can not rely on it as proof in their case, if my dim memory of collateral estoppel serves me right.»