Sentences with phrase «time criminal defendant»

My point then was that Fortune 500 GCs seeking a lawyer for a basic corporate deal did not require the same level of protection against a law firm's marketing as e.g. a terrified first - time criminal defendant or a teenager tragically injured in a car wreck.

No matter how many times a criminal defendant goes to courtrooms, the perspective is much different when the defendant is standing just feet from the judge or sitting in the witness stand.

Not exact matches

If copies of the book start to appear in the Justice Department and on law school syllabi, Eisinger could spark important debate about why — at a time when so many people struggle to obtain basic procedural rights in the criminal justice system — white - collar defendants manage to consistently evade its grasp.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company conspired with other dental supply companies to violate federal antitrust laws; (ii) discovery of the foregoing conduct would subject the Company to heightened regulatory scrutiny and potential criminal sanctions; and (iii) that as a result of the foregoing, Henry Schein's public statements were materially false and misleading at all relevant times.

The trial team's proposed departure from the case comes after lawyers who've worked for Gates behind the scenes visited special counsel Robert Mueller's office several times, suggesting an ongoing negotiation between the prosecutors and the criminal defendant.

In June, Soares announced a three - part plan that included a component to allow defendants between 16 and 24 to resolve cases without a criminal record or any time behind bars.

Question topics during a post-announcement Q&A included the surprise resignation of Joe Percoco, the extensive list released today of New York endorsers of Hillary Clinton and Mayor Bill de Blasio's absence from that list, whether he supports de Blasio's call for changes to bail in light of the killing of Police Officer Randolph Holder, «felony drug dealers» being offered treatment instead of jail time, dealing with homeless people in the subway and rail systems, details of his executive order extending anti-discrimination laws to transgender people, Board of Regents Chancellor Merryl Tisch's departure and rules and laws around criminal defendant drug diversion programs.

Cuomo proposed a series of criminal justice reforms, including eliminating cash bail for many low - level offenses; pursuing legislation that would cut back on time defendants are held in custody before trial; and reducing the use of solitary confinement in state prisons.

Albany County DA David Soares said that at the time he accused Judge Stephen Herrick of giving a «get - out - of - jail - free card for every criminal defendant in New York state» and creating a «dangerous loophole» by giving his high - profile steroids case to a special prosecutor in 2010, he saw nothing offensive in his words.

U.S. District Senior Judge Thomas J. McAvoy will rely on federal sentencing guidelines if he sentences Scarborough, and must publicly state his justifications if he sentences the lawmaker to less or more time than are called for in the guidelines, which take into account factors such as a defendant's criminal history and acceptance of responsibility for their crimes.

For most criminal defendants, their first time in a courthouse — which is the gladiator stadium — is only after they have been arrested.

Although its analysis, like that in Gideon and other earlier cases, suggested that the Sixth Amendment right to counsel should apply to all state criminal prosecutions, Argersinger held only that an indigent defendant is entitled to appointed counsel, even in petty offenses punishable by six months of incarceration or less, if he is likely to be sentenced to incarceration for any time if convicted.

And for one criminal defendant, a cell phone — or at least cell phone records — spared him a conviction and jail time, as reported in this article, Cellphone Records Help to Clear a Murder Suspect (8/24/07).

I happen to know of a case where a criminal charge of trespassing was dismissed because an employee of the company on whose property the defendant was said to have trespassed watched him for some time without ever telling him to leave.

And in the case of DNA evidence, technology has done what the Constitution and the due process clause never could: lead to systemic changes in state laws to allow convicted defendants to reopen closed criminal cases and seek access to DNA evidence for testing through procedures that did not exist at the time of trial.

In an unpublished opinion by the California Court of Appeals last week, the court held that the alibi offered by a criminal defendant — that he was playing poker on MySpace at the time of the crime — was neither «implausible or bizarre,» as argued by prosecutors.

Here's yet another story of a judge disrespecting pro se litigants, this time by refusing to allow a criminal defendant to represent himself.

May's lawyer, Andi MacKay, said the court's direction to have the charges proceed as criminal rather than civil were clear, and while defendants intend to co-operate, they need more time.

Unless the judge as factfinder or jury clearly shows that they are ready for the criminal defendant lawyer to let the obstructionist witness have it — which usually will not happen with any witness other than an opposing expert puffing out his or her obstructionist and obfuscating chest at all times — the judge and jury may well punish the overbearing cross examining criminal lawyer, in one way or another.

But every time you say yes, you're also shifting power to the press at the expense of someone else — criminal defendants, law enforcement, private citizens, etc..

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

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.»

There are understandable concerns with shielding the identity of defendants in criminal trials but perhaps the time has come to rebalance the scale.

Adam Makepeace, practice manager at criminal law firm Tuckers Solicitors, said: «At a time when the issue of miscarriages of justice is making front page headlines because of failures by the police and CPS to comply with their disclosure obligations, it is obvious to all how important it is that there is effective representation of defendants in criminal trials.

The questions Kaine raised as a defense lawyer were mostly related to process — from the time given for federal court review of cases and the rules that Virginia state courts had for review of capital cases to the quality of the lawyers provided to criminal defendants in those cases and the way those lawyers carried out that defense — but that process, as Kaine said at the time, is sometimes the difference between life and death.

Virtually any criminal offense, even a first time DUI or drug possession, may mean that a defendant will be at risk of facing imprisonment and other criminal penalties.

For an individual who has a simple civil complaint it's possible that he or she will never see the inside of a court room while often criminal cases will always require at least some time spent in a court room with a representative from a Toronto criminal law firm who will assist in making declarations of guilt or innocence with the defendant.

In order for the doctrine to apply, the defendant must have been in violation of a criminal law or traffic ordinance at the time of the accident.

On the other hand, starting from the general provision of Article 175 of Italian Code of Criminal Procedure (which sets out the requirements to reinstate the legal due date for procedural acts), the ICC could have added a new procedural norm in the Italian legal order, allowing the defendant to be given back the time limit provided for by national law to choose between the ordinary and a simplified proceeding.

From time to time I provide reports in personal injury and clinical negligence cases, and occasionally in Family Court and employment tribunal cases, but most of my reports are commissioned on behalf of a defendant in a criminal prosecution.»

When a criminal defendant is convicted of a crime, in certain situations, they are sentenced to serve some amount of time in imprisonment.

One reason why she may have been acquitted of the criminal charges was because the defendant's criminal defense attorney claimed that the woman was not in good physical or mental health at the time of the incident.

«For the first time, New York State is acknowledging its constitutional responsibility to provide lawyers to poor defendants who have been forced to navigate the criminal justice system undefended and alone.

Requires New York to hire sufficient lawyers, investigators and support staff to ensure that all poor criminal defendants have lawyers with the time and support necessary to vigorously represent the defendant;

Hurrell - Harring v. New York would have been the first time any state stood trial for its public defense failures, calling attention to a nationwide criminal justice crisis where poor, or indigent, defendants are too often effectively denied the right to counsel, creating a two - tiered system of justice.

A defendant seeking leave to appeal out of time is generally expected to point to something more than the fact that the criminal law has changed.

Although the Virginia Supreme Court is nowhere near a liberal place for criminal defendants, as a Fairfax criminal lawyer I know the importance of holding open hope that any court can at times do the right thing under the Constitution and for criminal defendants.

For example, as arguing counsel, Tom has prevailed on behalf of bond purchasers, corporate civil defendants (three times), corporate civil plaintiffs (three times), a debtor, employees (twice), a habeas petitioner (three times), an immigrant, investors, an individual civil defendant, an individual criminal defendant, a local government, persons with disabilities, and shareholders.

From a practical perspective the four main difficulties are that (1) people convicted of crimes often lack the income or assets to pay judgments, (2) there are double recovery issues involved in reconciling restitution awards in a criminal case (where the measure of damages is narrower) and damage awards in a civil case (where the measure of damages is broader), (3) there are priority issues involved in reconciling criminal awards for fines, restitution and costs, in each case with civil awards for damages, and (4) if the defendant declares bankruptcy, the non-dischargeability of the civil judgment must be affirmatively raised and proved (often this is elementary but there are strict time limits) in the bankruptcy proceeding.

Has any criminal defendant had more of his time in the courtroom televised to the world than O.J. Simpson?

Deferred Disposition is a form of plea deal, where a defendant pleads «Guilty» or «No Contest» to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court.