Counsel's goal is to make sure that instructions are given with complete confidence that only the client's best interests are being served, and served in accordance with what really matters to the client — there are always options and they can be tailored to the client's advantage, from agreements to have charges against a c - accused withdrawn, to the return of seized property, to
the terms of a probation order and countless other examples.
Counsel's goal is to make sure that instructions are given with complete confidence that only the client's best interests are being served, and served in accordance with what really matters to the client — there are always options and they can be tailored to the client's advantage, from agreements to have charges against a co-accused withdrawn, to the return of seized property, to
the terms of a probation order and countless other examples.
Not exact matches
When an offender has satisfied all the
terms and conditions
of a judge's
order — including incarceration, parole and
probation, payment
of court costs and restitution — they have earned their way back into the community.
Jena 6 teen jailed again A judge in Jena, La.,
ordered a black teenager back to jail, deciding the fight that put him in the national spotlight violated
terms of his
probation for a previous conviction, his attorney said.
Governor Andrew Cuomo has signed legislation to ensure
orders of protection in domestic sex assaults are extended through their attacker's
probation term.
Any
probation period will be tolled when an
order to show cause has been issued until the issue is resolved by the Education Practices Commission; however, the other
terms and conditions
of the final
order shall be in full force and effect until changed by the Education Practices Commission.
For purposes
of this paragraph, the
term «administrative violation» means the failure
of the individual to submit annual performance reports or the failure to pay a
probation fee as required by a final
order of the Education Practices Commission.
APPEAL by accused against conviction on one count
of assault causing bodily harm, sentence to two - year
term of probation and $ 1,000.00 fine, and
order to provide DNA sample.
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, and accused was also
ordered to provide DNA sample pursuant to s. 487.04
of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in
order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.
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 interest.
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 against
order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was re
order to provide DNA sample — Appeal allowed —
Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was re
Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to
order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was re
order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention
of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood
of re-offending was remote.
Defence counsel argued for a
term of probation with conditions similar to a conditional sentence
order that would have allowed her to serve the sentence in the community and may have included a period
of house arrest.
That award was based on the trial judge's findings that the meaning
of «
probation» in the employment contract was unclear in light
of Mr. Nagribianko's subjective understanding
of the
term and that Select Wines induced Mr. Nagribianko to leave his former employment in
order to join them.