What do you mean by prima facie evidence? A prosecutor is free to enter into a plea agreement at any point during a criminal case. He or she is also ethically required not to charge a case against an individual unless they feel that they can prove that case beyond a reasonable doubt to begin with. That's not to say that there isn't such a thing as a unethical prosecutor that would charge a case on very little evidence. However that is a rarity. A prosecutor ethically is also required not to prosecute a case unless they believe that person to be guilty it is not simply to secure convictions. There is no such thing as an amount of evidence that is required for a plea negotiation. However, if a prosecutor is being ethical about it there will almost always be some evidence to suggest the accussed's guilt.
I'm not totally conversant with the 'personal-use' marijuana laws of HI (if they even exist), but if it allows a prosecutor to legally indulge, along with everyone else, I would think that it would be no different than them having a beer with them in a bar. HOWEVER - any evidence they elicit would be subject to the rules of evidence. (Question: How do you think undercover officers develop leads and gather evidence?)
The company or individuals that are legally permitted to display DVD logo's and products are the people that own the rights by development or ownership of the product combined with the logo.
Cha!
You are permitted to share the same house with anyone you want, whether legally separated or not.
An information is where the district attorney or prosecutor charges a defendant of some crime or crimes, whereas an indictment is where the a defendant is charged after a grand jury has heard the evidence. The evidence usually meets a certain standard such as legally sufficient standard or probable cause.
Yes. As soon as you are 21, you are legally permitted to do so.
Alcoholic beverages are legally permitted only after 18 years but this is only theory.
Anything can be used as evidence if it is obtained in a legal manner. Therefrore text message can be used as evidence if the evidence was legally obtained.
No, it is illegal for a technician to counsel patients, only a pharmacist can.
The answer will depend on where in the world and whether you are talking about legally permitted hours or the reality.
Yes, that is known as "Prosecutorial Discretion." Such decisons, if unpopular, can be a problem at election time, but it is legal.Additionally, I can't remember the case law names though, but the victim, has NO say constitutionally/legally on if a prosecutor refuses to charge or not.Added: Such a decision/determination is known in law as a Nolle Prosequi.I am not 100% certain about this, but I do not believe that a prosecutor has this option in a case where an indictment has been returned by a Grand Jury.
The correct terminology is "dismissed." Only a judge can legally dismiss a case, and it is usually done when, in their opinion, there are insufficient legal grounds to proceed against the defendant.Actually, there is another method by which a case may not go forward, and that is if the Prosecutor files a Nolle Prosequi which in plain English means that the prosecutor's office declines to prosecute the case. This may also be due to legal insufficiency of the probable cause, the evidence needed to convict, or some other (occasionaly 'political') reason.