Criminal Arraignment 4Th Floor Charlotte County
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A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Legal Methods for the Suppression of Organized Crime (A Symposium) Arthur Buller
Journal of Criminal Law and Criminology Volume 48 | Issue 4 Article 8 1958 Legal Methods for the Suppression of Organized Crime (A Symposium) Arthur Buller Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Arthur Buller, Legal Methods for the Suppression of Organized Crime (A Symposium), 48 J. Crim. L. Criminology & Police Sci. 414 (1957-1958) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. CRIMINAt LAW CASE NOTES AND COMMENTS Prepared by students of Northwestern University School of Law, under the direction of the student members of the Law School's Journal Editorial Board. Arthur Buller, Editor-in-Chief Arthur Rollin, Associate Editor Marvin Aspen Jay Oliff Malcolm Gaynor Louis Sunderland Ronald Mora Howard Sweig LEGAL METHODS FOR THE SUPPRESSION OF ORGANIZED CRIME (A SYMPOSIUM) Organized crime is a vital problem in the "The Use of Equitable Devices to Suppress field of law enforcement. Because of the nature Organized Crime", will consider the mechanics of its various forms of activity, the suppression and availability of the use of the injunction and of organized crime presents difficulties not other equitable remedies where the usual legal ordinarily encountered in other areas of criminal remedies have proved inadequate. The fifth and conduct. In this and subsequent issues of the concluding paper, "Indirect Control of Organized Journal, a series of articles will examine these Crime Through Liquor License Revocation", will problems and the legal remedies available for examine this tactic as a substitute for direct their solution. -
Jun a 1 Ioqy Marcia J
IN THE SUPREME COURT OF OHIO STATE OF OHIO, Case No. 2007-0923 Plaintiff-Appellee, On Appeal from the Licking County Court of Appeals, V. Fifth Appellate District HAROLD T. BIESER, Court of Appeals Case No. 06 CA 00045 Defendant-Appellant. MEMORANDUM OF DEFENDANT-APPELLANT HAROLD T. BIESER IN SUPPORT OF JURISDICTION Tricia M. Klockner (0077414) John J. Kulewicz (0008376) Assistant Law Director (Counsel of Record) City of Newark Alexandra T. Schimmer (0075732) 40 West Main Street Vorys, Sater, Seymour and Pease LLP Newark, Ohio 43055 52 East Gay Street (740) 349-6663 P.O. Box 1008 Columbus, Ohio 43216-1008 Attorney for Plaintiff-Appellee (614) 464-5634 State of Ohio (614) 719-4812 (Facsimile) [email protected] [email protected] Attorneys for Defendant-Appellant Harold T. Bieser JUN A 1 IOQY MARCIA J. MENGEL; CLERK SUPREME COURT OF OHIO TABLE OF CONTENTS Page I. THIS CASE INVOLVES A SUBSTANTIAL CONSTITUTIONAL QUESTION AND RAISES QUESTIONS OF PUBLIC OR GREAT GENERAL INTEREST .............1 II. STATEMENT OF THE CASE AND FACTS . ...................................................................4 III. ARGUMENT IN SUPPORT OF PROPOSITIONS OF LAW ...........................................7 PROPOSITION OF LAW NO. 1: The rule announced in State v. Broughton (1991), 62 Ohio St.3d 253, 581 N.E. 2d 541 -- that speedy-trial time ordinarily stops running in the interim between a nolle prosequi dismissal and refiling of the same charges -- does not apply where the defendant was not notified of the dismissal and the bond was retained after dismissal ...........................................................7 PROPOSITION OF LAW NO. 2: The State violates the Sixth and Fourteenth Amendments of the United States Constitution, as well as Section 10, Article I, of the Ohio Constitution and the Ohio Speedy Trial Act (R.C. -
SELECTED DECISIONS of the HUMAN RIGHTS COMMITTEE Under the OPTIONAL PROTOCOL
OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SELECTED DECISIONS OF THE HUMAN RIGHTS COMMITTEE under THE OPTIONAL PROTOCOL Volume 7 Sixty-sixth to seventy-fourth sessions (July 1999 – March 2002) UNITED NATIONS New York and Geneva, 2006 NOTE Material contained in this publication may be freely quoted or reprinted, provided credit is given and a copy of the publication containing the reprinted material is sent to the Office of the United Nations High Commissioner for Human Rights, Palais des Nations, 8-14 avenue de la Paix, CH-1211 Geneva 10, Switzerland. CCPR/C/OP/7 UNITED NATIONS PUBLICATION Sales No. E.06.XIV.1 ISBN 92-1-130294-3 ii CONTENTS (Selected decisions — Sixty-sixth to seventy-fourth sessions) Page Introduction........................................................................................................................... 1 FINAL DECISIONS A. Decision declaring a communication admissible (the number of the Committee session is indicated in brackets) No. 845/1999 [67] Rawle Kennedy v. Trinidad and Tobago............................. 5 B. Decisions declaring a communication inadmissible (the number of the Committee session is indicated in brackets) No. 717/1996 [66] Acuña Inostroza et al v. Chile.............................................. 13 No. 880/1999 [74] Terry Irving v. Australia...................................................... 18 No. 925/2000 [73] Wan Kuok Koi v. Portugal .................................................. 22 C. Views under article 5 (4) of the Optional Protocol No. 580/1994 [74] Glen Ashby v. Trinidad and Tobago ................................... 29 No. 688/1996 [69] María Sybila Arredondo v. Peru.......................................... 36 No. 701/1996 [69] Cesario Gómez Vázquez v. Spain........................................ 43 No. 727/1996 [71] Dobroslav Paraga v. Croatia ................................................ 48 No. 736/1997 [70] Malcolm Ross v. -
CRIMINAL JUSTICE SYSTEM GLOSSARY of TERMS Arraignment
CRIMINAL JUSTICE SYSTEM GLOSSARY OF TERMS Arraignment: The court hearing in which the defendant is formally charged with a crime and enters a plea of guilty or not guilty. Bail: An amount of money which is sometimes imposed by the court to ensure the defendant’s appearance at future court hearings. A defendant held in custody is required to post bail in order to be released. Bail can be posted either at court or at the House of Correction. Bail Hearing: A hearing to determine whether or not an incarcerated defendant or convicted offender will be released from custody and to determine what amount (if any) he/she must pay as a bond to assure his/her presence at future proceedings (e.g., trial). This may also include specific conditions of bail, e.g., no contact with the victim or witness, must attend treatment programs, etc. Continuance: A delay or postponement of a court hearing. CORI report: Criminal Offender Record Information report prepared by the state Criminal History Systems Board. A CORI report includes the history of each criminal charge, from pre‐trial through court proceedings through sentencing. Default: A defendant's failure to appear at a required legal proceeding. Defendant: A person formally charged with a crime. Disposition: What happened with your case. Felony: A crime punishable by incarceration in the state prison for a period of years. Grand Jury: A group of 23 people that hear evidence presented by a prosecutor to determine if a formal criminal charge (indictment) shall be issued in a case. Misdemeanor: A crime punishable by a fine or incarceration in the House of Correction for a maximum of 2 1/2 years. -
PETITION for EXPUNGEMENT FILED in a CIRCUIT COURT – ACQUITTAL/DISMISSAL (Page 4 of These Instructions), for Additional Information
Form CC-1473 PETITION FOR EXPUNGEMENT FILED IN A Form CC-1473 CIRCUIT COURT – ACQUITTAL/DISMISSAL Using This Revisable PDF Form 1. Copies a. Original – to court. b. Copy – arrange to have served on Commonwealth’s Attorney in the county or city in which the petition is filed. 2. Attachments a. Copy of order or acquittal or dismissal. b. Copy of warrant(s) or indictment(s) for the charge(s) you seek to have expunged. c. Completed circuit court form CC-1416, COVER SHEET FOR FILING CIVIL ACTIONS, if required by the clerk. 3. Preparation details a. Data Element Nos. 1-20 prepared by the petitioner or the attorney for the petitioner. b. Data Element Nos. 21-24 prepared by the clerk of court or deputy clerk, who will also provide or complete the case number if unknown to the petitioner (Data Element No. 1). c. Data Element No. 25 is provided for the use of the petitioner. See circuit court form CC-1473 (INST), INSTRUCTIONS FOR PETITION FOR EXPUNGEMENT FILED IN A CIRCUIT COURT – ACQUITTAL/DISMISSAL (page 4 of these instructions), for additional information. OFFICE OF THE EXECUTIVE SECRETARY SUPREME COURT OF VIRGINIA Form CC-1473 Revised 11/15 PETITION FOR EXPUNGEMENT Case No. ................................1................................ ............. FILED IN A CIRCUIT COURT – ACQUITTAL/DISMISSAL Commonwealth of Virginia VA. CODE § 19.2-392.2 A ................................................................................................2 ....................................................................................... Circuit Court -
Bail Reform Revisited: the Impact of New York's Amended Bail Law On
Bail Reform Revisited The Impact of New York’s Amended Bail Law on Pretrial Detention By Michael Rempel and Krystal Rodriguez Bail Reform Revisited: The Impact of New York’s Amended Bail Law on Pretrial Detention By Michael Rempel and Krystal Rodriguez © May 2020 Center for Court Innovation 520 Eighth Avenue, 18th Floor New York, New York 10018 646.386.3100 fax 212.397.0985 www.courtinnovation.org For correspondence, please contact Michael Rempel ([email protected]) or Krystal Rodriguez ([email protected]) at the Center for Court Innovation. Acknowledgements We would like to express our profound gratitude to a range of partners across New York who came together to forge an understanding of how New York’s bail statute has been amended and its significance for the future use of money bail and pretrial detention statewide. We are especially indebted to Alex Rhodd and Vincent Ciaccio at the Legal Aid Society who read and coded more than 600 case files of people charged with burglary in the second degree to help us estimate the significant, yet elusive, changes in the handling of this common charge. We thank Scott Levy at The Bronx Defenders who conducted a similar analysis in the Bronx. Also at the Legal Aid Society, we thank Marie Ndiaye for her valuable comments on an earlier draft. At the New York City Council, we benefited from the timely leadership of Brian Crow and Maxwell Kampfner-Williams, who organized an early multi-agency working session on April 3 and continued to offer suggestions and guidance in the days and weeks that followed. -
Rule 48 TITLE 18, APPENDIX—RULES of CRIMINAL PROCEDURE Page 180
Rule 48 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 180 (c) TIMING OF A MOTION. A party must serve a that the public prosecutor may enter a nolle prosequi in written motion—other than one that the court his discretion, without any action by the court, pre- may hear ex parte—and any hearing notice at vails in the Federal courts, Confiscation Cases, 7 Wall. least 7 days before the hearing date, unless a 454, 457; United States v. Woody, 2 F.2d 262 (D.Mont.). rule or court order sets a different period. For This provision will permit the filing of a nolle prosequi only by leave of court. This is similar to the rule now good cause, the court may set a different period prevailing in many States. A.L.I. Code of Criminal Pro- upon ex parte application. cedure, Commentaries, pp. 895–897. (d) AFFIDAVIT SUPPORTING A MOTION. The mov- 2. The rule confers the power to file a dismissal by ing party must serve any supporting affidavit leave of court on the Attorney General, as well as on with the motion. A responding party must serve the United States attorney, since under existing law any opposing affidavit at least one day before the Attorney General exercises ‘‘general superintend- the hearing, unless the court permits later serv- ence and direction’’ over the United States attorneys ice. ‘‘as to the manner of discharging their respective du- ties,’’ 5 U.S.C. 317 [now 28 U.S.C. 509, 547]. Moreover it (As amended Apr. 29, 2002, eff. -
U.S. Citizenship and Immigration Services
U.S. Citizenship Non-Precedent Decision of the and Immigration Administrative Appeals Office Services MATTER OF A-A- DATE: NOV. 20, 2019 APPEAL OF VERMONT SERVICE CENTER DECISION PETITION: FORM I-360, PETITION FOR AMERASIAN, WIDOW(ER), OR SPECIAL IMMIGRANT The Petitioner seeks immigrant classification as an abused spouse of a U.S. citizen under the Violence Against Women Act (VAWA) provisions, codified at section 204(a)(l)(A)(iii) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1154(a)(l)(A)(iii). The Director of the Vermont Service Center (the Director) denied the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (VAWA petition), concluding that the Petitioner did not establish that she was a person of good moral character. On appeal, the Petitioner submits a basis statement and a brief reasserting her eligibility for immigrant classification under the VAWA provisions. Upon de novo review of the entire record, we will dismiss the appeal. I. LAW A petitioner who is the spouse of a U.S. citizen may self-petition for immigrant classification if the petitioner demonstrates, among other requirements, that the petitioner is a person of good moral character. Section 204(a)(l)(A)(iii)(II)(bb) of the Act; 8 C.F.R. § 204.2(c)(l)(vii). Primary evidence of a petitioner's good moral character is their affidavit, which should be accompanied by local police clearances or state-issued criminal background checks from each of the petitioner's residences during the three years before the petition was filed. 8 C.F.R. -
Criminal Justice Terms & Definitions
Criminal Justice Terms & Definitions Arraignment - A hearing in which the defendant is formally charged and can plead either guilty, not guilty or no contest. In felony cases, an arraignment follows a preliminary hearing. Bind over - At the time of the preliminary hearing, if the judge finds there is probable cause to believe that the defendant committed a crime, the defendant is ordered to stand trial. Criminal Complaint - A formal charging document, filed by the District Attorney, setting forth the charge(s) and facts of an alleged crime. Defendant – The person charged with a criminal offense. This is the person alleged to have committed a particular crime. Dismissal - The charge or charges against the defendant are dismissed. No conviction. District Attorney - Under state law, the prosecuting attorney who represents the state in each county. Assistant District Attorney - An attorney who acts on the District Attorney's behalf. Felony - A crime that is punishable by confinement in a state prison for a term exceeding one year. Information - A charging document that is filed with the Court after the preliminary hearing. This document formally charges the defendant. Initial Appearance - A defendant's first appearance in court. The court advises the defendant of the charge(s), penalties, rights and sets bond. In felony cases, a date is often set for a preliminary hearing. In misdemeanor cases, the initial appearance is also the arraignment and, often times, the defendant will enter a plea. Misdemeanor - A crime that is punishable by confinement to a county jail for one year or less and/or a fine. Motions - Court hearings held to answer legal questions. -
FIRST SECTION CASE of ZALYAN and OTHERS V. ARMENIA
FIRST SECTION CASE OF ZALYAN AND OTHERS v. ARMENIA (Applications nos. 36894/04 and 3521/07) JUDGMENT STRASBOURG 17 March 2016 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. ZALYAN AND OTHERS v. ARMENIA JUDGMENT 1 In the case of Zalyan and Others v. Armenia, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Mirjana Lazarova Trajkovska, President, Ledi Bianku, Kristina Pardalos, Aleš Pejchal, Robert Spano, Pauliine Koskelo, judges, Siranush Sahakyan, ad hoc judge, and André Wampach, Deputy Section Registrar, Having deliberated in private on 23 February 2016, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in two applications (nos. 36894/04 and 3521/07) against the Republic of Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Armenian nationals, Mr Arayik Zalyan (“the first applicant”), Mr Razmik Sargsyan (“the second applicant”) and Mr Musa Serobyan (“the third applicant”) (jointly “the applicants”), on 23 September 2004 by the first applicant and 9 November 2006 by all three applicants jointly. 2. The applicants were represented by Mr H. Alumyan and Mr S. Voskanyan, lawyers practising in Yerevan. The Armenian Government (“the Government”) were represented by their Agent, Mr G. Kostanyan, Representative of the Republic of Armenia at the European Court of Human Rights. 3. The applicants alleged, in particular, that they had been subjected to torture during the period from 19 to 23 April 2004 and there had been no effective investigation into their allegations of ill-treatment. -
Bail and Pre-‐Trial Detention
BAIL AND PRE-TRIAL DETENTION: PERTINENT CONSIDERATIONS UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE LEGISLATION* 1.0 INTRODUCTION The Criminal Justice framework, exhibits severe tension with rights and liberty with particular reference the right to liberty and fair hearing enshrined in sections 35 and 36 of the Constitution. An Arrest and detention restricts free movement of a person especially where they are not done pursuant to a court order. Although justified by the Constitution, section 35(6) of the same constitution requires that a person who is arrested or detained in such circumstances shall be brought before a court of law within a reasonable time, and if he is not tried within a period of – (a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or (b) three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date. The Constitution further elaborates on what amounts to “reasonable time” in these words – (a) in the case of an arrest or detention in any place where there is * Presentation By Prof. Adedeji Adekunle SAN At The 2019 Orientation Course a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and (b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.