Sentences with phrase «individual on a criminal case»

If you are pleading not guilty, you need a lawyer to assist you with all the technical policies, procedures and strategies that go hand in hand with defending an individual on a criminal case.

Not exact matches

Capping how long cases can go on and putting pressure on the system to speed up case processing will help move Rikers toward the 5,000 - population goal while also reducing the impact the criminal justice system can have on individuals, she added.

«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.»

Some restrictions that various versions of BSL impose are: - muzzling and leashing in public - muzzling and leashing in cars - extra-short leash lengths - automatic dangerous or vicious dog designation, without any bite history - banning from city parks and beaches where other breeds are allowed - banning from leash - free parks where other breeds are allowed - banning completely from jurisdiction (although sometimes existing dogs are allowed to stay)- special (i.e., more expensive) licensing and jurisdiction - wide registry - special tags identifying the dog as a restricted dog - mandatory microchipping and photograph - mandatory insurance (often one million dollars) for each individual dog on the premises - mandatory signage indicating the presence of the dog on the owner's property - mandatory secure enclosures (in some cases, mandatory chaining)- mandatory spay / neuter (to eventually eliminate the breed entirely)- higher fines and / or jail time if a restricted breed bites or menaces - fines and / or jail time for any infraction of any provision regarding restricted breeds - age limit for walking the dog in public - persons with criminal records not allowed to own a restricted breed - ability of law enforcement to stop owners on the street just to check the dog's status - ability of law enforcement to seize dogs without proof of wrongdoing - ability of law enforcement to enter an owner's home, with or without a warrant, to investigate and / or seize a dog

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or to an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; [the law enforcement exemption]

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.

Admittedly, Article 4 (4) of the FD on the exchange of information extracted from the criminal record states that the central authority of the MS where the person is convicted can in individual cases and at the request of the central authority of the MS of the convicted person's citizenship, provide that authority with a copy of the judgment where this could be necessary to consider the need to take a measure at the national level.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

R (on the application of T and another) v. Secretary of State for the Home Department and another, (Supreme Court), led by Caoilfhionn Gallagher, Conor was instructed by the Equality and Human Rights Commission, in this case concerning the disclosure of information pertaining to an individual's criminal record to potential employers and others.

While we consult on reform, the attorney general has herself decided, except if the law or national security requires it, not to make key prosecution decisions in individual criminal cases».

Markus has successfully tried over 25 federal and state civil and criminal jury cases, briefed and argued dozens of federal appeals throughout the country, directed more than 400 investigations, and regularly advises public and private entities and individuals on challenging ethics and compliance matters.

The courts will do what they can to help reduce, and, so far as practicable, eradicate it... it is important for public confidence in the criminal justice system that the man or woman caught in possession of a knife or offensive weapon without reasonable excuse should normally be brought before the courts and prosecuted... whatever other considerations may arise in the individual case, sentencing courts must have in the forefront of their thinking that the sentences for this type of offence should focus on the reduction of crime, including its reduction by deterrence, and the protection of the public.

In effect, this arrangement would codify the position as reported by the prime minister in his statement on constitutional reform in July 2007 that the attorney general had decided that during the consultation process, she would not «make key prosecution decisions in individual criminal cases» (unless the law or national security required it).

Negligent security cases involve people who were victims of criminal acts on a business» or another individual's property because of inadequate security or a complete failure to provide any security.

Whether you are facing a serious criminal charge or a simple traffic ticket, it is important to choose a criminal attorney that understands your individual needs and the specific implications your case will have on your life.

Inadequate security cases are asserted by individuals who are injured from criminal activity on the property of a business, such as an apartment complex, shopping center, hotel and motel, and restaurant.

As with all criminal charges, available defences will vary depending on the individual circumstances of each case.

December 31, 2014 — «Delaware Supreme Court Chief Justice Leo E. Strine Jr. earlier this month launched the Access to Justice Commission, a task force focused on helping low - to moderate - income individuals obtain legal services for criminal and civil cases.

If the case goes to court, in offences based on negligence, the court must determine whether an individual acted so carelessly or with such reckless disregard for the safety of others as to deserve criminal punishment.

The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined on a Rule 58 motion because, in this case, the facts arose from a plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.

They are often hired by individuals, groups or organizations with a job description centering on investigating criminal cases.

This research would expand on the Green Factors by looking at the individual circumstances of the case, including whether there is evidence of rehabilitation and history since the criminal act.