FAQS

Is There a Grand Jury Hearing for All Criminal Cases?

No, Many jurisdictions use other ways, even a preliminary hearing instead of a Grand Jury hearing. View Service

Who can be present while the Grand Jury is in session?

The following persons may be present:

attorneys for the government, the witness being questioned, interpreters if needed, and a court reporter or an operator of a recording device.

Who can be at the time the deliberation and voting takes place?

Only the jurors, and any interpreter assisting a hearing-impaired or speech-impaired juror. View Service

Are Grand Jury proceedings open to the public?

No. Only authorized individuals can be present since the grand jury proceedings are secret. View Service

Can a witness be represented by a lawyer in the grand jury for some exceptional circumstance?

In the federal system, a lawyer cannot be present in the grand jury room for any reason, although it is possible to interrupt his declaration and abandon the grand jury room to consult with the lawyer. Few states allow an attorney to be with the witness; some allow counsel to advise his client, others simply allow the lawyer observing the proceedings. View Service

What requirements must a person have to serve on the grand jury?

Be 18 years Be a U.S. citizen Have lived in a judicial district for one year Must be able to speak, read and write English well enough to complete a questionnaire Do not present any physical or mental illness that impairs participation in the jury It may not have been convicted of serious crimes or have pending felony charges View Service

What are the rights of the Fifth Amendment?

The grand jury is consecrated in the Federal U.S. within the Fifth Amendment of the Constitution. It is part of our Bill of Rights which states that no individual will be held to answer for a capital crime except that indicted by a grand jury, no one will be subject for the same offense twice, and no one may be forced to incriminate itself in any criminal case or forbid of freedom or property without the correct process of law. In addition, any person will take private property for public use without just compensation. View Service

How to file a claim in small claims court?

A claim up to five thousand dollars excluding charges, interest and attorney fees may be filed with the Clerks Office of Miami -Dade. The claims are going to be presented as a small claim under section 7.010 of the Rules of Court of the Florida Statutes. Once you or your attorneys decide to file suit, it cannot proceed until the defendant has been served. Make sure that in the claim is writing the full name of the person you want to sue and the address where that person is living. You have to do this to not run the risk to lose the document and the defendant would not be notified. View Service

What are the benefits of appeal for relief Act (PCRA)?

This law brings as benefit if after hearing the arguments and analysis of your case the rules of the court decides to grant relief to the person who was convicted , the sentence will automatically be officially removed from your record. If the person is in jail he will be released in this moment. If you paid any fine money, it will be refunded. Once the conviction will be removed from his record, the ex-convicted could be continuing with his normal life. The person can be able to get a job, get some professional license or acquire custody of children. View Service

Can a victim of crime attends the oral argument in the Court of Appeal and makes a statement?

Oral arguments are open to the public, so you can attend. If you want to participate in the argument and filled a written request you will be notified with time, about the date and the place of the discussion to keep you informed of the case. Statements by persons who are not lawyers and judges in the case are not allowed in the oral argument. View Service

Can the State be present if the defendant wins at trial?

Usually, no. If the court makes the sentences and don't finds the defendant guilty when the trial was finished, the defendant has as resource the Constitution to prevent the state looking for an appeal. The State may appeal in other specific situations, as when a court gives the opportunity to the defendant can suppress evidence with a motion, or when a court finds that the defendant isn't qualified to stand trial, or when the court issues an acquittal's judgment before the end of trial or after the jury finds the defendant guilty. View Service

What is the different between a legal assistant and an attorney?

Any Post-conviction and civil case are reviewed by an attorney. However, in many cases, the attorney has legal assistants who help him with some cases. Legal assistant performs some preliminary research and searches of the files. Attorneys supervise the legal assistant work all time. The final decisions are taking by the attorney. View Service

What is the difference between a civil case and a case post-conviction case?

Post-Conviction cases are going to refer to the criminal offense and the sentence that provoked the internal was send to prison or jail. Civilian cases are going to refer to what really happens to the internal while it would be under custody of the Correction's Department or country jail. Sometimes the prisoner has both problems (post-conviction and civil), so it would open two files:

one for the attorney who will take charge of the civil action, and the other one for the attorney who will take charge of the post-conviction request.

Can a second motion be filed after denied the first motion?

Yes, it can be possible but in very limited circumstances. The appellate court must certify that the motions enclose important fact like:

Newly discovered evidence. These evidences must be clear and persuasive to demonstrate the innocence of the arrested. Any new regulation of constitutional law, which has been prepared retrospective to cases by the Supreme Court that was previously denied.

Is a mitigating factor the same as an aggravating factor?

In order to establish an exact expression, courts examine the circumstances of the crime in order to determine the appropriate sanction. These circumstances are divided into two categories, aggravating and mitigating factors. Aggravating factors are the facts about the crime the defendant or the victim and tend to cause the most serious offense and generally deserve a tougher sentence. Courts take into consideration aggravating factors such as the viciousness of a crime while mitigating factors tend to reduce sentences. They show that the defendant poses a lower risk to society, so a long sentence is unnecessary. Mitigating factors include the lack of criminal record and acceptance of responsibility for the crime charged. View Service

What is the difference between first and second degree murder?

The criminal act for both offenses is the same:

the death of another person. The main difference between them is the mental state of the person committing the crime. First degree murder is premeditated murder. In other words, the murderer thinks out a plan to kill another person and then performs the act. In a second degree murder there is no plan made in advance.

What are the elements of manslaughter?

The main elements for an involuntary manslaughter conviction are:

the killing is a result of an action taken by the defendant, such act was not necessarily dangerous or was made with lack of concern for human life, and the defendant should have known or was aware that his/her acts represented a threat to another person(s) life.

What are the basic elements of a first-degree murder?

Elements of a first-degree murder. Intent Deliberation and premeditation Premeditation aforethought View Service

Why Is Drug Trafficking Considered A Crime In Miami?

Despite the fact that marijuana is legalized in the states of California and Colorado and is considered as a type of drug that is medicinal, in the state of Florida, marijuana is still considered an illegal drug That being said, the trafficking and consumption of drugs are punishable as drug crimes. View Service

What Is Drug Trafficking?

It is the creation and distribution of illegal drugs. View Service

What Is A Drug Crime?

Drug crimes happen when one of these four facts are present:

possession, distribution, use and/or manufacture of illegal drugs.

How Does The Prosecutor Conduct The Process Of Drug Crime In Miami?

Relevant courts under federal crimes are then made if the prosecutor handed the case to federal or under state and local laws to be sentenced own depending on the severity of the case. View Service

Could The Sentences For Drug Crimes Be Reduced If The Defendant Admits Culpability Of The Crime?

The sentence could be reduced if the lawyer gets to negotiate with the prosecutor. The drug crime attorney will try to reach an agreement with the prosecutor and can be for example that if the person is charged with three drug offenses such as possession, trafficking and transporting drugs, can reduce the charge of the penalty only for drug possession, so the sentence would be much lower. This all depends on how experienced and qualified the criminal defense lawyer is to develop the case. It is important to have a good criminal defense lawyer to defend your rights from the beginning. View Service

Is There Any Difference Between Probation And Freedom Under Testimony?

The sentence of freedom under testimony is given when the individual has been imprisoned and is given freedom for good behavior, but a police officer must be in charge of advising the individual outside the prison, while probation is applied to those defendants who are sentenced for the first time and charged with misdemeanors. View Service

Is Alcohol Abuse A Crime?

Yes, because although alcohol is not considered an illegal drug can become a crime if consume in large quantities. With only driving under the influence of alcohol is considered illegal in Florida and might be getting a penalty called DUI, where the drivers license benefits are suspended and the defendant has a criminal record penalty. View Service

What is Parole?

Parole is when a prisoner is released for a particular purpose and temporarily or permanently before the sentence is complete on good behavior. View Service

What do the Grand Jury do in a Drug Case?

They review information on suspected criminal activity after listening to a variety of testimonies. View Service

If I Intend to Plead Guilty, Do I Need a Lawyer?

Yes because advice from experienced counsels may allow you to avoid consequences you do not wish to face or some of which you're not aware of. View Service

What are Controlled Substances "Schedules"?

"Schedules" are classes of drugs and its level of severity in consequences. View Service

How Does Drug Court Vary with Criminal Court?

These crimes conducted in drug courts that combine drug treatment models with criminal justice to bring about civility in the community. View Service