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Why does the prosecutor indict a defendant with felony murder charges but the defendant only acted in self defense?
If self defense is your defense against the crime of murder - you will have to refute the prosecutors evidence in court and convince the jury that it WAS self defense.
Next:
Self defense is what is known as an "affirmative defense" to prosecution, and the burden of proof is entirely up to you. It is not the role of the Prosecutor to present your defense to the Court. Your best friend right now is your legal counsel - your attorney. If you are charged with a criminal offense and have no attorney, and no way of providing one for yourself, the Court will appoint an attorney for you. That is the person you need to be speaking with, and if you have been charged with murder, may I say you desperately need to be talking to an attorney. And NOBODY else until you have talked to your attorney. And I do mean NOBODY.
What else can I help you with?
In Louisiana how long do they have to arraign you after you post bond on mis.or felony charges?
"Speedy Trial" statutes usually call for a 90 day period, unless that provision has been waived by agreement between the defense and the prosecutor.
How are most felony arrests decided?
Most felony arrests are decided by the arresting officer. A prosecutor will then decided whether proceed with the charges or change them accordingly.
What does a felony attorney do?
A felony attorney is also known as a criminal defense lawyer. They help people fight felony charges brought against them. Most attorney's seek to reduce charges to misdemeanors.
How Assistance of counsel for defense works to the benefit of a defendant that is about to be arrested for a felony?
Huh? If you haven't been arrested yet, you're not even a defendant, why do you even have counsel?
How do you change a class A misdemeanor to a felony?
After the investigation is complete and he has all the facts. if the prosecutor believes that the offense has risen to the level of felony he may amend the charges to the more severe offense.
What is a pretrial for a felony?
A pretrial hearing for a felony charge is the proceeding where the Defense Attorney and the Prosecutor discuss ways of resolving the charge. It is the first hearing to take place in the Circuit Court.
Why does the prosecution indict for felony murder in a case of self defense?
There are several factors to consider. While the Defendant feels it's a case of self-defense the prosecution thinks other: was the Defendant committing a lawful act in defending himself?
Can felony DUI be downgraded?
If you have been charged with a felony it is possible that the prosecutor could have you charged with a misdemeanor DUI if they decide your case merits it. Some felony charges are required by law if you have multiple DUIs or had a BAC that was very high.
Can a District Court Prosecutor add a misdemeanor charge to a felony charge?
Can a District Court Prosecutor add a misdemeanor charge to a felony charge in Michigan just on hearsay and without any evidence? I always assumed that only a Circuit Court could add additional charges after all evidence has been presented to the court.
In Missouri what are the chances of the federal prosecutor picking up a charge of unlawful use of a weapon if the defendant is a felon?
If the crime is designated a federal offense the state has nothing to do with whether or not charges will be brought against the alledged perpetrator. Since the person has a previous felony conviction it is very likely charges will be filed and the person will face trial or possibly be allowed to plead to a lesser charge.
What does felony dismissal really mean in new york city?
It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.
What is a felony wobbler?
A felony wobbler is a type of crime that can be charged either as a felony or a misdemeanor, depending on the circumstances and the discretion of the prosecutor or the court. This classification allows for flexibility in sentencing, enabling judges to impose more lenient penalties for less severe cases. Common examples include certain theft offenses or assault charges. Ultimately, the determination often hinges on the specifics of the case, including the defendant's prior criminal history and the impact of the crime.
