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Of course not! A public defender is paid by the public and represents the defendant.
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∙ 13y ago
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Can the same attorney represent the victim and the defendant on a domestic violence case were it's the state vs defendant in Tennessee?
They most certainly cannot do so. It would be a conflict of interest.
What is the opposite party that is not the victim?
defendant or accused
If you die can a criminal case continue?
Are you the victim or the defendant?
Should perpetrators of domestic violence be prosecuted without the victim's consent?
Yes. Crimes are prosecuted by the state, not the victims. Whether or not the victim wants the crime prosecuted is irrelevant. If the crime has been committed, there is enough evidence to prosecute, and it is in the public's interest to curb this type of crime, the crime should be prosecuted. Additionally, in the area of domestic violence battery particularly, there is an emotional involvement between the victim and the defendant. In this area, perhaps more than any other area, the defendant "gets to" the victim and discourages cooperation at an alarming rate. Often, when the victim refuses to cooperate with authorities, and the case is not prosecuted, the victim is attacked again later by the same defendant.
How the defendant pay to the victim?
Restitution is paid generally through the Defendant's probation officer if he has one or the Clerk's Office of the sentencing court. If the Defendant does pay the victim directly he should get a receipt or note stating how much was paid and how much is the balance due.
When a judge orders a criminal defendant to reimburse the victim it is called?
Restitution.
Does the victim of a home invasion have to testify to get the defendant found guilty?
It'd be best to go, because you're the proof aren't you? NO,MY BOYFRIEND IS THE DEFENDANT!
What parties are involved in a criminal case?
In a criminal law case there are 6 parties involved. These parties include the victim, the defendant or suspect, the defense attorney, the prosecutor, the judge, and the jury.
In a domestic violence case who represents the victim?
The victim employs lawyers. but they are organizations who also protect and represent the victim.
Can you be tried for a crime if the victim does not show up for trial?
Absolutely! This all depends upon whether or not the government as a strong case against the defendant, with or without the victim.
Under which system Criminal or Civil does the victim receive more satisfaction?
It's not really possibly to easily answer this question, given that there are so many different jurisdictions and each has it's own laws and system. The civil system tends to primarily offer victims monetary rewards, or things like restraining orders. The criminal system can obviously punish a defendant with prison, although the criminal system is not technically a victim v. defendant mechanism. It's a "state" or "people" v. the defendant, with the victim having some rights. Ultimately, which offered more "satisfaction" to the victim is something only the victim could answer.
How do you establish that your incident was a direct result of being a victim of circumstances?
This is the job of your attorney or public defender. Being a victim of circumstance does not directly effect the out come of your trial - if you commit a crime you most likely will have to answer for it. Only the most extenuating circumstances (for example - someone holding a gun to your head or to your loved ones) is going to have much effect on your culpability.
