“How does a jury work in a criminal case?”

Tabashneck Law Firm

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During the trial, the jury listens to and examines all of the evidence presented. Although jurors have historically not been allowed to ask questions during the trial, some jurisdictions do actually permit juror questions.

While some courts may allow jurors to take notes, the majority of courts do not allow  this practice. Jurors may not discuss the case with anyone else, even other jurors, until deliberation begins.

Before jury deliberation, the jury receives instructions on the law related to the case and the implications of guilty or not guilty verdicts. Jury instructions may also tell jurors how to deal with certain types of evidence or testimony presented during the trial.

Jury instructions also help jurors understand the standards they must reach to convict defendants. The evidence must show beyond a reasonable doubt that defendants committed the crime.

In most states, the jury instructions are a standardized set of guidelines, also…

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“I’m on parole for a non-violent offense, a drug sale and was accused of shoplifting at 12am (past my curfew), arrested by the police, and brought into criminal court by buffalo police. What happens next?”

Tabashneck Law Firm

Tabashneck Law Firm

First, just because an individual is arrested while on parole does not guarantee the Senior Parole Officer will violate him or her. The Parole Officer must do a thorough investigation, including, speaking to witnesses–police officer, store security, a complaining witness—and based upon that, make a determination as to whether there is enough evidence to sustain a charge.

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In the scenario described above, there are three potential “technical charges” the individual can be violated for: (1) breaking the law; (2) staying out past curfew; and (3) and possibly not reporting police contact to his or her Parole Officer

Cases are conferenced between the Parole Officer and the Senior Parole Officer and it is determined whether it is necessary to issue a warrant because either the individuals is a danger to the community, himself, or he is in violation of his parole conditions.

Criminal Lawyers in Buffalo New York should remember that…

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Know Your Rights: Parole Revocation Process in New York

Tabashneck Law Firm

downloadWhat Happens If A Violation Occurs?

When an individual violates a condition of his or her release, such as not making curfew or failing to report to parole officer, a parole violation warrant may be issued. Once the warrant is issued the individual is taken into custody at a local facility and may not be released on bail. Within three days of the warrant being filed, the parolee is served with both a Notice of Violation and a Violation of Release Report detailing the parolee’s rights and the charges against him. Within fifteen days of the warrant’s filing a Preliminary hearing must be scheduled unless the individual waives such hearing.

download (2).jpgWhat is a Preliminary Hearing?

A preliminary hearing is a brief, informal inquiry into the alleged violations. The purpose of the hearing is to determine whether or not probable cause exists to believe that the individual has violated one or…

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“I have a custody order with my ex who lives in buffalo ny. But I feel like she has been violating everything. If i brought a petition, what would the court look at?”

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In New York, as criminal attorneys in buffalo in new york know, to establish civil contempt based upon a violation of a court order, the petitioner (person filing the petition) must show that (1) a lawful court order was in effect at the time of the violation; (2) the order stipulated a clear condition that must be followed; (3) and the person alleged to have violated the order had actual knowledge of the terms. A willful violation of a Family Court order must be established by clear and convincing evidence

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Contact a Criminal attorney in buffalo in new york, criminal attorneys in buffalo ny, Criminal Lawyers Buffalo NY, or a Criminal Defense Lawyer in Buffalo New York today.

 “Can a criminal court judge set bail on someone being held on a parole violation? If bail is set, is there any reason I should not post it?”

Tabashneck Law Firm

download (1).pngCriminal Attorneys in Buffalo New York know that regardless of whether the court sets bail, the accused will not be released until the Department of Corrections drops their hold on him. It may be best not to post bail or bond because the time he’s serving involuntarily because of the DOC’s hold will not inure to his benefit later if he should be sentenced to any jail time. In other words, if the accused is likely to be sentenced to serve some jail time, based on discussions you should have with your criminal defense lawyer buffalo ny, then the time he is currently serving will “count” towards the sentence.

download (1).jpgCriminal lawyers in Buffalo New York know that, before posting bail, it is vital that you make sure the hold no longer exists. As Criminal attorneys buffalo ny understand, the worst case scenario is if you were to post bail…

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“I was charged with a misdemeanor. What is that?”

Tabashneck Law Firm

images (2).jpgCriminal attorneys in buffalo new york know a misdemeanor in New York State is defined as a crime punishable by less than one year in prison. There are three categories of misdemeanors in New York:

(1) Class A misdemeanors, such as Petit Larceny and Assault in the 3rd Degree, which are punishable by: –Up to one year in prison –Three years probation, or –A combination of prison (up to 60 days) and three years probation;

(2) Class B misdemeanors, such as Criminal Possession of Marijuana in 5th Degree and Criminal Trespass in the 3rd Degree, which are punishable by: –Up to 90 days jail or –One year probation

(3) Unclassified Misdemeanors, which often fall under the Vehicle and Traffic Law, such as Driving While Intoxicated and Driving with a Suspended License. These offenses can be punishable by up to one year in prison.

Criminal Lawyers in Buffalo New York are…

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My wife’s attorney keeps hassling my attorney about exclusive possession. Exclusive possession this and that. I don’t know what he’s talking about. We are separated, still married, but going to get divorced.

Tabashneck Law Firm

images (1)Please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

Divorce Attorneys in Buffalo Ny should know exclusive possession simply means only one person, either you or your wife, has the right to live in the residence. It does not necessarily mean you lose your equitable interest in the home. However, the court could consider it among a variety of other factors.

A Divorce lawyer in buffalo ny will generally include a claim for exclusive possession in the Summons W/ Notice as well as the Complaint for Divorce. After filing for the divorce, a party may bring a motion for the court to establish exclusive possessing of the marital home for one of the parties. Sometimes, this is done as a result of very bad behavior by one of the parties; however, the behavior…

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“The prosecutor never notified my attorney about the grand jury so I lost my chance to testify. Can anything be done?”

Tabashneck Law Firm

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If the prosecution fails to allow the accused to testify before the grand jury, the criminal lawyer buffalo ny may move to dismiss the indictment. If the court grants the dismissal, it will be without prejudice. In other words, the prosecution could re-present the case to the grand jury. So long as your criminal lawyer buffalo ny provided the prosecution with adequate notice prior to the presentment to the grand jury, however, the accused would have the opportunity to testify.

It is also possible that the court may grant dismissal, conditioned upon the accused testifying before the new grand jury.  However, to be clear, the obligation of the court to dismiss the indictment is “ministerial” which means the court should not dismiss the indictment with conditions.

Also keep in mind, for purposes of appeal, if you plead guilty, the issue is considered waived for purposes of appeal. In other words…

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“the prosecutor says he is going to indict me on a Felony Grand Larceny, a Class C Felony. Should I testify at the grand jury?”

Tabashneck Law Firm

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Under New York’s Criminal Procedure Law 190.50(5)(b), the accused may appear beofre the grand jury and provide testimony in the form of a narrative statement, after which the prosecutor and grand jurors may question the accused.

In felony cases, whether the accused testifies at the grand jury can have significant consequences. In many cases, there may be good reason for a Criminal lawyer buffalo ny to advise his or her client against testifying. Not only may the testimony be inculpatory (tends to establish one’s own guilt), but the version of the facts told by the accused at the grand jury is forever locked in place. This can be particularly damming given at this pre-indictment stage, the defense has not yet received discovery from the prosecution.

Again, the real danger is testifying is that a statement by the accused made before grand jury can be used by the prosecution at trial…

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“If there is an active restraining order on my ex, if I write a letter to him, would I get in trouble? What about him? Would he get in trouble?”

Tabashneck Law Firm

download (1)Please be advised, this is not legal advice. For a free consultation, contact a criminal lawyer amherst ny or criminal lawyer buffalo ny today.

Technically, you could write him a letter and there would be no violation but it is not a very good idea. If he responds, he could be found in contempt of the court order. Violations of court orders are generally taken very seriously.

Again, Please be advised, this is not legal advice. For a free consultation, contact a divorce lawyer buffalo ny or divorce lawyer amherst ny today.

Decisions and strategy in any legal case should be considered only with the assistance of a qualified Criminal Lawyer in Buffalo NY

Contact a Criminal attorney in buffalo new york, criminal attorneys in buffalo new york, Criminal Lawyers in Buffalo New York, or a Criminal Defense Lawyer in Buffalo New York

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