Magnolia Criminal Lawyer, Delaware

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John R Garey

Traffic, White Collar Crime, DUI-DWI, Criminal
Status:  In Good Standing           

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Scott Emory Chambers

Real Estate, Municipal, Criminal, Accident & Injury
Status:  In Good Standing           Licensed:  11 Years

Sean M. Lynn

Litigation, International Other, Child Custody, DUI-DWI
Status:  In Good Standing           

Jeffrey Alexander Young

Bad Faith, Government, Criminal, Personal Injury
Status:  In Good Standing           Licensed:  29 Years

Kevin M. Howard

Felony, Misdemeanor, DUI-DWI
Status:  In Good Standing           Licensed:  41 Years

William G Bush IV

Criminal, Personal Injury, Family Law
Status:  In Good Standing           Licensed:  28 Years

Jeffrey J. Clark

Criminal, Personal Injury, Litigation
Status:  In Good Standing           Licensed:  28 Years

Erik Wells Yoder

Real Estate, Criminal, Commercial Bankruptcy
Status:  In Good Standing           Licensed:  22 Years

Kenneth J Young

Criminal, Personal Injury, Commercial Real Estate
Status:  In Good Standing           

Charles Whitehurst

Criminal, Personal Injury
Status:  In Good Standing           

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LEGAL TERMS

VENIREMEN

People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

EAVESDROPPING

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

SAMPLE LEGAL CASES

Williams v. State

... Officer Brittingham testified that he did not notice anything about Williams before or after the encounter that created any suspicion that Williams was engaged in criminal activity. ... Rather the officer need only possess a reasonable and articulable suspicion of criminal activity. ...

In re Citigroup Inc. Shareholder Derivative Litigation

... [76] Unlike the allegations in this case, the defendants in AIG allegedly failed to exercise reasonable oversight over pervasive fraudulent and criminal conduct. Indeed, the Court in AIG even stated that the complaint there supported ...

Sun-Times Media Group, Inc. v. Black

... The Sun-Times argues that the final disposition of a criminal proceeding occurs at the time of sentencing at the trial court level. ... But the defendants were not lucky enough simply to face several civil suits; the government soon got in the game and asserted criminal charges. ...