If you’ve ever had to contest a traffic ticket, you’ll know that courts tend to assume the police officer’s version of events. Continue reading
Here are some essential tips for you that would ensure you attain success in the courtroom when you have a hearing.
Bail or its cash equivalent is what a court accepts in exchange of allowing a defendant to remain at liberty until the case is concluded.
As a criminal defendant, you always have to choose between two courses of action: whether to plead guilty or go through a trial. When you plead guilty, you admit that you’ve committed the underlying offense, and the judge decides your penalty accordingly. On the other hand, when you go through the trial, you fight your case with the hope of getting off the hook.
While present at the accident location, someone told you the driver in the blue car was at fault. You repeat this statement in the court as a witness of the crime—you provided the court with hearsay evidence.
In most American states, police officers typically can’t arrest a person for an offense or violation without an arrest warrant, unless they witness the act of crime. In other words, they can only arrest a person if the violation or crime occurs in their presence. But there is more to this requirement.
The Fifth Amendment to the US Constitution protects the defendants from self-incrimination by granting them Miranda Rights. Under the amendment provisions, law enforcement must issue warnings to the defendant and inform them about their Miranda Rights before interrogating you. The law allows you to remain silent during the interrogation to prevent self-incrimination.
You may have seen many movies portraying custodial interrogations. From what they show, it’s all about a policeman and suspect locked up in a small room with a table and chair lying in the center and a basic light fixture hanging from the center of the ceiling.
The term arrest refers to being taken into police custody, against the individual’s will. However, this isn’t the same as being put behind bars. Similarly, if the police ask you to stop, questions you, and allows you to leave—it’s not legally called an arrest.