(4) While she or he was engaged in conduct that could reasonably lead to the institution of a civil or
criminal proceeding against her or him, with the intent of avoiding identification in such a proceeding.
Examples of legal remedies include: the court stopping
a criminal proceeding against you, or, the court ruling that a law violates Charter rights and therefore has no force.
In Texas, your refusal to submit to a test upon the request of a law enforcement officer is admissible in
any criminal proceeding against you as evidence of you consciousness of guilt.
We make sure to follow the progress of
any criminal proceeding against the drunk driver as a conviction can be helpful to you on the civil side of the proceedings against the drunk driver.
Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and
criminal proceeding against defaulters in very vigilant and aggressive manner.
Not exact matches
Pressure had been building on the Vatican to
proceed with
criminal charges
against Wesolowski, a Polish native ordained by Saint John Paul II, since the accusations
against him became public.
It is, at least, apparent that the debates about humanitarian intervention by military force in the last decade, about the creation of international
criminal tribunals in a number of cases, about the idea of a state's «universal jurisdiction» in cases of violations of the Genocide Convention or other «crimes
against humanity,» about how far the global war on terror may
proceed without violating the rights of states, and most recently, about the United - States - led use of force
against the Saddam Hussein regime in Iraq, have all raised important points of positive and customary international law, and that in every one of these cases the outcome remains unsettled.
«In light of the on - going
criminal proceeding by the United States Attorney's Office for the Southern District of New York
against Dean Skelos and his son, Adam, we have no comment on the superseding indictment and continue to cooperate with this ongoing investigation.»
The federal government has given an undertaking to the Supreme Court not to
proceed with the
criminal case
against the Senator Bukola Saraki, at the Code of Conduct Tribunal.
As this high - stakes
criminal case
proceeds against the Manhattan Democrat, three themes of political life are bound to resound anew in the Assembly, in Gov. Andrew M. Cuomo's office, and in the State Senate.
The timing of Gurley's death comes at a particularly sensitive time for the department, which is bracing for possible demonstrations and protests in response to a decision from a grand jury in Ferguson, Missouri, about whether to
proceed with a
criminal case
against a white police officer who fatally shot an unarmed teenager.
But when
criminal evidence turns up
against wunderkind billionaire Bobby Axelrod, Chuck recognizes that he needs to
proceed judiciously.
The civil case safeguards the animals while the
criminal case
against the alleged perpetrator gets ready to
proceed.
At this time, the case splits; a
criminal case is prepared
against the owner, and a civil case
proceeds in order to determine whether the animals will be held throughout the case (at the owner's expense) or if the owner will relinquish the animals.
By July 2008, the misappropriation of # 52m was the subject of a
criminal investigation and a restraint order was made
against H pursuant to s 41 of the
Proceeds of Crime Act.
Alternatively, if you find yourself being
proceeded against by a private prosecutor, we are able to rely on our expertise in
criminal proceedings to explore all lines of defence.
The current human rights code allows too many frivolous cases to
proceed against citizens, when the
Criminal Code already covers hate speech that could generate harm
against an individual or group.
As The Times explains, Paterno was not subject to cross-examination in the grand jury
proceeding, and using that testimony would therefore violate the Sixth Amendment, which ensures a
criminal defendant's right «to be confronted with the witnesses
against him.»
If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a civil
proceeding that could be used
against him or her in future
criminal or civil proceedings or private civil litigation.82 In addition, testifying in a civil or
criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same
proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or administrative
proceeding.84 Moreover, an individual's assertion of the privilege in a civil
proceeding could factor into law enforcement's charging decisions.
Of particular concern is that any statements that an individual makes in a civil
proceeding may be used
against the individual in any related
criminal proceedings or private civil actions in the future.
However, an accused is still protected by section 13 in the sense that any incriminating evidence they gave in a prior
proceeding can not be used
against them in the
criminal trial.
New York
Criminal Procedure - Article 160.6 states, Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occ
Criminal Procedure - Article 160.6 states, Upon the termination of a
criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occ
criminal action or
proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied...
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a
criminal charge or civil claim
against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any
proceeding concerning the lawyer's representation of the client; or
(b) A lawyer may reveal informa tion relating to the representation of a client to the extent the lawyer reasonably believes necessary: (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a
criminal charge or civil claim
against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any
proceeding concerning the lawyer's representation of the client;
And because — much worse — in the news media Majcher alleged that the Crown prosecutors would not
proceed with
criminal charges
against several high - profile individuals, and he hoped he could be more effective in politics than he had been in policing.
a prosecutor would lay but would not immediately
proceed with
criminal charges
against a company pending successful compliance with tough requirements such as financial penalties, restitution for victims, confiscation of the profits of wrongdoing and measures to prevent future offending.
One reasonable interpretation of that dicta is to recognize the right of the KBA to
proceed immediately
against a Judge who has been convicted of a
criminal offense.
[1] This appeal concerns the scope of the courts» power to award costs [1]
against a lawyer personally in a
criminal proceeding.
Such thinking may have been the reason why two recent statutory appeals
against determinations of the SDT have
proceeded on the basis of common ground between the parties that the applicable standard of proof was the
criminal standard: see Afloabi v Solicitors Regulation Authority [2011] EWHC 2122 (Admin) and Law Society v Waddingham [2012] EWHC 1519 (Admin).
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a
criminal charge or civil claim
against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any
proceeding concerning the lawyer's representation of the client;