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Victims' Rights at Trial and Sentencing
Every state has a victim’s rights statute, or a state constitutional provision that provides crime victims with certain rights, or both. Prosecutors, law enforcement, and other public agencies must comply with these laws as part of the criminal justice process. Victims in every state have the following basic rights:
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A person arrested for a domestic dispute but never charged, a prisoner convicted of rape but released thanks to exonerating DNA evidence, and a robbery defendant acquitted after trial all have one thing in common: factual innocence. Factual innocence may prevent a criminal charge in the first instance and may, at times, exonerate a person previously found guilty.
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"Stand Your Ground": New Trends in Self-Defense Law
Self defense or defense of another often comes up when violence erupts between two people. For example, suppose a person is charged with assault or battery but the other party struck the first blow, was attacking someone else, or made frightening and credible threats.
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Getting a Copy of Your Criminal Record
A criminal record, sometimes called a rap sheet, is a collection of a person’s criminal convictions and arrests. The information in the record varies from state to state and even from county to county.
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Your Rights When Dealing With the Police
Should you speak with the police officer? Should you let the officer search your home or car? And what happens if you don’t?
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Failure to Identify to a Police Officer: Laws & Penalties
Law enforcement officers routinely ask people for their names and other identifying information. Police may ask for the information as part of a specific criminal investigation.
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Immigration and Customs Enforcement (ICE) is a component of the U.S. Department of Homeland Security (DHS), primarily responsible for enforcing federal immigration and customs laws. Its powers include investigating, apprehending, arresting, detaining, and removing aliens within the United States. This
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When Can the Police Search My Car?
The constitution says that you have a right to be free from unreasonable searches of your home, your person, and your car. Car searches rarely involve a search warrant issued...
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Do police need a warrant to look at social media sites?
Social media offers a wealth of information to police investigators -- when do they need a warrant to look?
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There’s more to an arrest than taking a suspect into custody. Arrests trigger legal (and emotional) after-effects that include detailed and specific police responsibilities
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What to Do and Not Do When Arrested
If you are arrested, the best thing that you can do for yourself is to keep quiet until you are represented by a lawyer.
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Resisting Arrest: Laws, Penalties, and Defense
Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.”
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Getting an Attorney to Handle Your Criminal Case
Within the criminal justice jungle, a defense attorney serves as the defendant’s guide, protector, and confidant. Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government; and private attorneys paid by the defendant.
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Qualifying for Free Legal Services
A defendant who wants a free lawyer must ask the court, and provide personal financial information Each state (or even county) has its own rules about who qualifies as indigent.
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Using a Private Criminal Defense Lawyer
What kinds of attorneys can represent me? How do I hire my criminal defense lawyer?