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Eaton Juvenile Law Lawyer, New York

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Tracy A Donovan Laughlin Lawyer

Tracy A Donovan Laughlin

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Divorce & Family Law, Criminal
Tracy's Law Office

Tracy Donovan Laughlin is a practicing lawyer serving Otsego County in Cherry Valley, Cooperstown, and Oneonta, New York as well as the surrounding co... (more)

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800-784-4631

15 South Main Street, Oneonta, NY 13820
Profile LAWPOINTS™63/100
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Thomas J. Cerio

DUI-DWI, Criminal, Felony, Juvenile Law
Status:  In Good Standing           Licensed:  29 Years
CONTACT
407 S Warren St, Syracuse, NY 13202
Profile LAWPOINTS™24/100
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A. L. Beth McMullin O'Connor (Beth O'Connor)

Real Estate, Criminal, Family Law, Personal Injury
Status:  In Good Standing           Licensed:  17 Years
CONTACT
15 Church St, Cortland, NY 13045
Profile LAWPOINTS™34/100
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LEGAL TERMS

ACCOMPLICE

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An ... (more...)
Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

BAILIFF

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to mai... (more...)
A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to maintain order in the courtroom. In addition, bailiffs often help court proceedings go smoothly by shepherding witnesses in and out of the courtroom and handing evidence to witnesses as they testify. In criminal cases, the bailiff may have temporary charge of any defendant who is in custody during court proceedings.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

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.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)
A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

JURY

Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision,... (more...)
Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision, called the verdict. Traditionally, an American jury was made up of 12 people who had to arrive at a unanimous decision. But today, in many states, juries in civil cases may be composed of as few as six members and non-unanimous verdicts may be permitted. (Most states still require 12-person, unanimous verdicts for criminal trials.) Tracing its history back over 1,000 years, the jury system was brought to England by William the Conqueror in 1066. The philosophy behind the jury system is that--especially in a criminal case--an accused's guilt or innocence should be judged by a group of people from her community ('a jury of her peers'). Recently, some courts have been experimenting with increasing the traditionally rather passive role of the jury by encouraging jurors to take notes and ask questions.

PUBLIC DEFENDER

A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and ar... (more...)
A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and are unable to pay for their own defense.

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.

SAMPLE LEGAL CASES

Matter of Antowa McD.

... Although Family Court issued letters of guardianship to the aunt, it refused to make the factual findings that would enable appellant to apply for special immigrant juvenile status, ie, that she was eligible for long-term foster care due to abuse, neglect or abandonment, and that it ...

IN MATTER OF PEDRO M.

... Important to this case is that, in those types of cases, the Legislature, strongly prompted by the United States Supreme Court, has instructed that a juvenile has the constitutional right to be in court to be heard. ... The juvenile is now a leader. ...

MATTER OF JISUN L. v. Young Sun P.

... or abandonment, and that it would not be in his best interest to be returned to his previous country of nationality or last habitual residence, so as to enable him to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 ...

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