Preservation of Evidence in Criminal Cases

Posted by Sample HubSpot User on Tue, Mar 28, 2017 @ 01:23 PM

Law enforcement officers and prosecutors have a duty to preserve certain kinds of evidence. Learn what they have to keep, and what happens when they don't keep it.

The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions. This duty exists in order to protect a defendant’s rights to due process and a fair trial under the Sixth and 14th  Amendments to the U.S. Constitution. The duty relates to the requirement that the government disclose evidence it will use against the defendant at trial, as well as any evidence that is favorable to the defendant. The duty to preserve evidence begins once any state agency or actor has gathered and taken possession of evidence as part of a criminal investigation.

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Criminal Writs

Posted by Sample HubSpot User on Thu, Mar 23, 2017 @ 11:06 AM

Writs involve review by appellate courts, but they're different than appeals.

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Police Conduct and Emotional Distress

Posted by Sample HubSpot User on Tue, Mar 21, 2017 @ 09:58 AM

Whether you can sue for emotional distress caused by law enforcement depends on the circumstances.

By

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Evading the Police

Posted by Chris Morales on Tue, Mar 14, 2017 @ 01:20 PM

Learn about the crime of evading (or eluding) a police officer by car, including its possible consequences.

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Restitution Law for Victims of Crime

Posted by Sample HubSpot User on Tue, Mar 07, 2017 @ 10:33 AM

Restitution is designed to compensate crime victims for their losses. Learn about the kinds of expenses and people that restitution covers.

By ,

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Children and the Capacity for Crime

Posted by Chris Morales on Fri, Mar 03, 2017 @ 07:00 AM

Depending on their age and experience, some children may be legally incapable of committing crime. But the modern trend is to hold virtually all minors accountable for their conduct.

 By ,

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Exceptions to Confidentiality of Juvenile Criminal Records

Posted by Sample HubSpot User on Thu, Mar 02, 2017 @ 11:09 AM

Juvenile criminal records are confidential in most circumstances, but the exceptions are significant.

To a much greater extent that its adult counterpart, the juvenile criminal justice system focuses on rehabilitation and guards against the stigma of being labeled a criminal. To that end, juvenile criminal records are generally confidential. But there are exceptions to confidentiality. (In re Jeffrey T., 140 Cal.App.4th 1015 (2006).)

(To learn more about juvenile court proceedings, which are usually considered civil rather than criminal, see  Juvenile Court: An Overview.)

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Dropping a Civil Lawsuit in Exchange for Dismissal of Criminal Charges

Posted by Sample HubSpot User on Tue, Feb 21, 2017 @ 10:46 AM

In some cases, a criminal defendant agrees to give up a lawsuit if the prosecution drops charges.

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Breached Plea Bargains

Posted by Chris Morales on Mon, Feb 20, 2017 @ 10:35 AM

Learn what happens when the defense doesn't get what it bargained for.

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Venue in a Criminal Case

Posted by Sample HubSpot User on Thu, Feb 16, 2017 @ 10:41 AM

What's the difference between jurisdiction and venue? What determines where a case is heard?

By Joseph Broadbent

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