Pine Island Felony Lawyer, New York

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LEGAL TERMS

EXECUTIVE PRIVILEGE

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.

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).

HABEAS CORPUS

Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)
Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

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.

INFORMATION

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.

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.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

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.

SAMPLE LEGAL CASES

People v. Quinones

... Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part. 119 OPINION OF THE COURT. JONES, J. This appeal presents another Apprendi [1] challenge to New York's discretionary persistent felony offender sentencing scheme. ...

People v. Leon

... Supreme Court subsequently conducted a hearing and adjudicated defendant a persistent violent felony offender [1] upon a finding that defendant had previously been convicted of two violent felonies — both first-degree manslaughter — in 1976, and in 1983. ...

People v. Mills

... I. A. Mills. On April 20, 1995, Mills pleaded guilty in County Court to criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), a class A-II felony, in exchange for the promised sentence of an indeterminate term of three years to life in prison. ...

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