Category: Criminal Defense

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CHRIS’ CRIMINAL LAW COMMENTS: Pleas

August 4, 2016

Generally, the procedures for taking a plea must follow Rules of Criminal Procedure Rule 590. A plea shall be taken in open Court. A Defendant may plead guilty, not guilty or with the consent of the Judge, nolo contendere. If a Defendant refuses to enter a plea, the Judge may enter a plea of not […]

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CHRIS’ CRIMINAL LAW COMMENTS: Return of Property

August 1, 2016

What happens if a case is over either by plea or a not guilty verdict and the victim or Defendant seeks to have his property returned? Well, Rule 588 is the Rule used by a person whose home or car was searched and property confiscated by the Police. This person is entitled to the lawful […]

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CHRIS’ CRIMINAL LAW COMMENTS: Court Dismissal Upon Satisfaction

July 28, 2016

This is one of the greatest rules in the Rules of Criminal Procedure. Rule 586 applies when a defendant is charged with an offense which is not alleged to be committed by force or violence and everyone agrees the case may be dismissed upon satisfaction of the victim. If it is shown that the public […]

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CHRIS’ CRIMINAL LAW COMMENTS: Dismissal Upon Motion of Nolle Prosequi

July 25, 2016

The Rule of Nolle Prosequi, or not prosecuted is Criminal Procedure Rule 585. The Rule is actually called Nolle Prosequi, but is commonly referred to as Nol Prose. This Rule is used when a guilty plea is entered in some offense and the District Attorney consents to the dismissal of the remaining charges. If a […]

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CHRIS’ CRIMINAL LAW COMMENTS: Double Jeopardy

July 21, 2016

The most common usage of Rule 586 is when the Motion to Dismiss is filed on double jeopardy grounds stating specifically and with particularity the basis for the claim of double jeopardy and the facts that support this claim. Double jeopardy applies, for instance, when a Defendant is charged with a summary offense. He pays […]

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CHRIS’ CRIMINAL LAW COMMENTS: Suppression of Evidence

July 18, 2016

Under Rule 581, suppression of the evidence is usually included in your Omnibus Motion. A motion to suppress is filed when the Defendant alleges the evidence has been obtained in violation of the person’s constitutional rights. In other words, the Police invade a household, gather evidence and do not have a search warrant. This is […]

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CHRIS’ CRIMINAL LAW COMMENTS: Severance of Offenses or Defendants

July 14, 2016

Rules of Criminal Procedure, Rule 583 is called the Severance of Offenses or Defendants. This is usually filed when a particular Defendant does not wish to be tried with his co-defendant. Things the defense attorney should consider are: Does the co-defendant have a record which will come into evidence at trial? Are the charges against […]

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CHRIS’ CRIMINAL LAW COMMENTS: Omnibus Motions

July 11, 2016

The words Omnibus Pre-Trial Motion are rarely understood. What it means is “all other motions.” So, unless otherwise required, all pre-trial requests for relief shall be included in one motion. The types of relief that are appropriate for this motion are: Motion for Continuance Severance, Joinder or Consolidation. Severance means that you wish not to […]

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CHRIS’ CRIMINAL LAW COMMENTS: Arraignment and Pre-Trial Motions

July 5, 2016

Rule 571 of Criminal Procedure allows for a formal arraignment. This is a date set by the Court where a Defendant is called forward and told he has a right to be represented by counsel, the nature of the charges against him, the right to file a Bill of Particulars, Discovery Motions and finally any […]

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CHRIS’ CRIMINAL LAW COMMENTS: Defense of Insanity or Mental Infirmity

June 30, 2016

There is even a rule prior to trial in the Rules of Criminal Procedure that the Defendant must give a notice of a defense of insanity or mental infirmity in conformance with Rule 568. A Defendant who intends to offer this type of defense at trial shall file with the Clerk no later than the […]

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