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There are 2 defendants who commit a crime both are sent to prison and 1 defendant request a Motion of discovery so it can use the info against the co-defendant can this be stopped?
Ajewel
Ok, my son was in a Gang he commited a crime with other gang members, at the time of trial, my son denounced his relationship with the gang and all were sent to prison , now one of the gang members has been sent to the same prison and wants to request a motion of discovery so he can use the information on it to have my son hurt. at the time of trial the judge ordered that all involved not be housed in the same location but they have been. Can this request be stopped in order to save my son from getting hurt
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∙ 15y ago
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Why are criminal cases titled in terms of the state against the defendant?
Because defendants in a criminal case have committed a crime not just against a specific victim or victims, but against the State/society in general.
What are the three other pleading documents after a complaint?
The defendant files an Answer to the Complaint. If the defendant wants to make a claim against the plaintiff a Counterclaim may be filed as well. If there are several defendants and the defendant wants to make a claim against one of them, a Cross-claim is filed. If the defendant wants to make a claim against a person who is not named in the suit, a Third Party Complaint is filed. If the defendant files an Answer only, plaintiff is not required to file any further pleadings.
Why do attorneys represent defendants?
All defendants are entitled to a presumption of innocence and a defense against their charges. Some defense attorneys are motivated by the ideals of the law, some do it for money - some do it for both.
What are the three general characteristics of defendants?
Defendants are individuals or entities being sued in a civil case or accused in a criminal case. They have the right to defend themselves against the claims made by the plaintiff or prosecution. Defendants are presumed innocent until proven guilty in criminal cases.
Is a co-defendant mean they are a witness aginced the defendant on feleny charges?
Not necessarily. A co-defendant is one of two or more persons accused of and tried for the same crime. Sometimes a co-defendant will agree to testify against one or more of the other co-defendants in exchange for a promised recommendation of mercy from the prosecution.
Who wins when case is dismissed with prejudice at defendants cost?
If a case is dismissed with prejudice at the defendant's cost, it means that the plaintiff wins the case. The dismissal with prejudice means that the plaintiff cannot bring the case again, and the fact that it is at the defendant's cost indicates that the defendant is responsible for covering any expenses related to the case.
What is the down side of plea bargains?
From the victims point of view - the defendant does not get tried for the offense committed against them.From the defendants point of view - He must plead guilty and take the sentence - even it it is for a lesser crime.
What happens if the defendant cannot pay a court settlement?
Lots of possibilities, but some common one are:A court order can be obtained to garnish the wages of the defendant. Based on the amount and how much the defendant makes, a percentage of each pay check will be sent to the court to pay the debt.Any assets or property owned by the defendant can be confiscated and put up for sale to cover the amount owed.The defendant can be charged with contempt of court and jailed for not obeying a valid court order.
Do they use discovery more in civil cases or criminal?
Discovery is an important phase in both civil and criminal court cases. This is the process by which the defense gets access to the evidence being presented against the defendant so that the defense can address the information in court.
Can you combine two civil complaints into one single complaint?
Yes, if certain facts apply: First, If the two complaints are against the same defendant but arise from separate incidents you may even be required to file the two claims in one complaint. Courts do not want to be bothered by one complaint on one subject then another on the other when the same two defendants are before the court. In some courts, failure to file both claims together might result in the claim agasint the defendant that was not joined being forfeited. Second, if the two complaints are against two different defendants but arise out of the same incident, you probably are required to file them in one complaint. This is also to prevent a waste of time trying two cases when they can be done in one. Again, the claim against the defendant who was left out might be forfeited for not being included. Third: If the complaints are against separate defendants arising out of separate acts, then you will not be able to file one complaint. Unless there is some common issue, it makes no sense to try them together.
If 2 defendants and one settles whose name should be in the caption of the hold harmless agreement the one settling or the remaining defendant or both against whom the suit was brought?
If I understand the question correctly - the one who settled will appear in the "hiold blameless" category.
How are defendants protected from unreasonable sentence?
They are because they have rights against it in court.
