Philip Criminal Lawyer, South Dakota
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Philip, SD 57567
Profile LAWPOINTS™17/100
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Philip, SD 57567
Profile LAWPOINTS™22/100
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Philip, SD 57567
Profile LAWPOINTS™17/100
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Wall, SD 57790
Profile LAWPOINTS™7/100
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TIPS
Lawyer.com can help you easily and quickly find Philip Criminal Lawyers and Philip Criminal Law Firms. Refine your search by specific Criminal practice areas such as DUI-DWI, Expungement, Felony, Misdemeanor, RICO Act, White Collar Crime, Traffic and Juvenile Law matters.
LEGAL TERMS
ACCESSORY
Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An acces... (more...)
Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An accessory is usually not physically present during the crime. For example, hiding a robber who is being sought by the police might make you an 'accessory after the fact' to a robbery. Compare accomplice.
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.
IMPEACH
(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)
(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.
MOTION IN LIMINE
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.
CONTINGENCY FEE
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obt... (more...)
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements -- which are most commonly used in personal injury cases -- award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.
BATTERY
A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how... (more...)
A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.
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.
CONSTABLE
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.
PLEA
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).
SAMPLE LEGAL CASES
Tiede v. CorTrust Bank, NA
... III. [¶7.] Tiede alleges that she was discharged in retaliation for her refusal to discontinue filing
SARs and CTRs on certain CorTrust customers. She contends that as the bank secrecy officer,
she was required to file these reports or risk criminal prosecution under the BSA. ...
State v. Hayen
... We have recognized that the Fourth Amendment permits a brief investigatory stop of a vehicle
when "the officer's action is supported by reasonable suspicion to believe that criminal activity
`may be afoot.'" State v. Kenyon, 2002 SD 111, ¶ 14, 651 NW2d 269, 273 (citations ...
In re MDD
... 23A-28 (restitution in criminal cases) or SDCL 26-8C-7(1) and 26-8B-6(4) (restitution in juvenile
delinquency cases). Statutory interpretation is a question of law we review de novo. ... [¶ 4.] SDCL
ch. 23A-28 authorizes an award of restitution to specified "victims" in criminal cases. ...
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PRACTICE AREAS
- Accident & Injury
- Bankruptcy & Debt
- Business
- Civil & Human Rights
- Consumer Rights
- Criminal
- -DUI-DWI
- -Expungement
- -Felony
- -Misdemeanor
- -RICO Act
- -White Collar Crime
- -Traffic
- -Juvenile Law
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