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Of course, this seldom plays out like this in court. In fact, when an eye witness points out the defendant as the perpetrator of a serious crime, that statement is generally accepted by the jury as the most important piece of evidence in the trial. The skilled defense attorney will raise physical problems and other credibility issues to attack such an identification. Often a psychologist, an expert witness, may even be called in, to explain tricks our minds play on us in times of unusual stress, causing people to believe they are able to identify a person that they did not even see at the time of the crime.

Yet the eyewitness identification of the defendant as the person who committed the crime is a very difficult piece of evidence to overcome. Scientific research and a number of studies conducted by Innocence Projects as well as university professors have shown, however, that eyewitness identification is often very unreliable. According to many studies, mistaken eyewitness identification is a major cause of the wrongful conviction of innocent people. Scientists and psychologists have warned of the dangers of permitting a person to be convicted only upon eyewitness identification, unsupported by any other evidence.

In fact, California placed initiatives on their November ballot requiring reforms in the use of eyewitness identification procedures in jury trials. This ballot proposal was defeated. Free casual sex in san jose ca 95136 the use of PCR DNA procedures has become accepted in all United States courts over the last 10 years, convictions of many persons, some of them on death row, have been overturned by hard-working Innocence Project attorneys. In fact, according to psychologists including Dr. Gary Wells, PhD, mistaken eyewitness identification has proved to be THE largest single factor contributing to 100persent free porn chate conviction of innocent people.

If your criminal case involves an erroneous eyewitness identification, you need an attorney beginning thorough investigative procedures as soon as possible. You need a skilled attorney who will be able to bring out the real facts and fight against mistaken eyewitness identification both Free casual sex in san jose ca 95136 and outside the courtroom. Falsly Accused MaureenBaldwin T After all, people do not want to live in a world full of crime. S citizens who are California residents are subject to jury duty. Some people who receive a summons for jury duty ignore it. People who are poor, transient, or have big problems of their own may not ever get a jury summons due to changing their address so often.

Or sometimes jury duty does not seem important compared to other problems in their lives, such as being a single parent and holding down a job. Most jurors look to the prosecutor as the guardian of their safety, and the defense attorney as a necessary evil at best. After all, it would be a bad member of society who thinks that people who steal, rape, and rob people are just fine and ought to go unpunished. When placed in the setting of a jury trial, the average citizen tends to look to the prosecutor as the protector of their rights. This usually translates into a pro-prosecution bias, and makes it hard for someone who is falsely accused to get a fair trial.

Jury selection for someone who has been falsely accused of a crime is very important. A good defense attorney is not looking for people who are pro-crime, but someone who will use their own experience and thoughts about the trial, who will truly do what the law requires—make the prosecution prove its case—not look to them for guidance. This is especially important in a jury trial for the sort of crime that causes great anger in the mind of the average citizen, such as crimes of violence against children or the elderly, or any sort of sex crime.

Someone who is falsely accused and wishes to exercise their constitutional right to a jury trial often has a difficult time finding a truly unbiased jury both in Santa Clara County and in much of the United States. Criminal defense attorneys in San Jose have a tough battle in these types of cases, especially. It is extremely important for a criminal defense attorney in San Jose or anywhere else, to make sure that he or she has all of the police reports, a complete witness list, access to all physical evidence, and enough funds to do their own investigation, and any necessary experts. It is extremely well-funded and has the support of all the police agencies in the county.

The criminal defense attorney nevertheless has the advantage of knowing their case more intimately than their opponent will. With thorough investigation, and an experienced criminal defense lawyer, a person who has been falsely accused of a crime can obtain a fair trial, even in a pro-law enforcement county that prides itself as one of the safest large cities in the nation. However, that phone number is almost always busy. It is quite easy to get information online by going to their website www. You can access booking and bail information, as well as visiting and mailing information, and future court dates by following the appropriate prompts.

How can I avoid being falsely accused of a sexual offense? Because sex offenses happen most often in relative privacy, any man or teenage boy is a potential target of false sexual allegations. Obviously, the surest way to avoid false allegations is common sense—to know your partners well. Of course, many men and women engage in casual sex occasionally. The results can clearly be dangerous to both sexes. This is really common sense as opposed to legal advice. It is also important to keep track of your surroundings if you are with a casual date or new acquaintance that you do not know well. If you are in a bar setting, you may have friends or acquaintances present that could be your witnesses later if a false allegation is leveled.

You may know the bartender or wait staff. Possibly the staff may be familiar with your potential partner. Did she come to the party or restaurant with friends? Try to remember details.

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Be aware of your own potential alibi. If you go out right after work, you may have a sign out log or co-workers who can attest to your whereabouts if you are accused of misconduct before the time you meet a potential date. When you return home, a roommate may be able to remember when you came in. You may need to obtain a copy of a store videotape later, if you are accused of sexual misconduct at a time you are actually purchasing gas, or groceries from a quickie-mart. If you purchase something to eat or drink, save your credit card receipts or even Free adult dating in pensacola fl register Xdating mumbai girls. The problem, of course, is that it is difficult to live your social life as though you are in a spy movie.

Also, no one can account for all of his time if you are in a private setting. However, if false allegations are made against you or someone you know, it is easier to reconstruct your time if you can document where you were at what time, and who you met at which point in time. When is a search illegal? The Fourth Amendment to the U. Constitution guarantees a right to be free from unreasonable searches and seizures. If the officer has a warrant, he can generally search. However, he may be limited by the terms of the warrant itself as to whether the actual search is lawful.

There are also issues that arise as to whether the judge should have issued the warrant in the first place. These are complicated legal challenges. Most often, a search has occurred without a warrant. If an officer sees contraband in plain sight, it is generally a legal search, unless the officer is not lawfully in the area where he sees the contraband. For example, if someone calls the police to report a crime occurring in your home, it may or may not be lawful for the police to enter, depending on the source of the information and the seriousness of the situation.

These are not simple matters to sort out on your own. An attorney should be consulted to advise you what course to take regarding a potential challenge to the search. When I was arrested, the officer did not read me my rights. Free casual sex in san jose ca 95136 I get the case dismissed? This is not as obvious as it seems and there have been a number of court decisions where a court must decide this issue. These issues often arise when someone has agreed to an interview at the police station but is told he is not under arrest. Most simply, if the officer is asking you questions in your home or your car, but you are free to leave if you choose, then the Miranda Rights do not apply.

On the other hand, if you are in jail, the police car, or handcuffed, the officer cannot ask questions without reading your Miranda rights. Failure to read these rights results in the answers being inadmissible in a trial against you. Even then, the courts have carved out exceptions: If an officer is investigating you, you are not required to be interviewed and should immediately consult an attorney. I have an old felony conviction. Can I go back to court and get it reduced to a misdemeanor? Some felonies may not be reduced. Those are usually serious felonies, but can include possession for sale of drugs, simple possession of certain drugs, false imprisonment, depending on how it is charged, and even some Vehicle Code offenses.

If you have been to state prison on a crime, it can never be reduced to a misdemeanor. Many felonies are alternative felony — misdemeanors, where the Code permits punishment in either the state prison or the county jail. If you have been given probation or a county jail sentence for those crimes, you may petition the court to have them reduced to misdemeanors. It is not automatically granted. You do not have a right to a re-classification, as in a record clearance. They must be dealt with on a case by case basis.

It is best to involve a criminal defense lawyer if you have questions about re-classifying a felony to a misdemeanor. What if I am arrested for domestic violence? Many couples that are not usually physically abusive to each other have found themselves facing domestic violence charges for what they believed was just an argument. The police department is not a marriage counseling service. When is dialed and a domestic violence incident is reported, officers come out to the home with the intention of investigating a crime and arresting a spousal abuser. If you have been arrested for domestic violence, you need legal assistance. The consequences involve a jail term, a period of probation, and a one year long counseling program for which absences are not excused.

A conviction for domestic violence is considered a violent crime. These crimes can also result in deportation for parties who are not U. Needless to say, although this type of arrest can occur in a volatile argument between spouses who normally have a good relationship, a conviction for these charges will mar your relationship with your spouse and family, as well as result in a criminal record. When should I hire a criminal defense attorney? Police detectives have years of experience in exactly how to conduct an interview with a criminal suspect. You are at the disadvantage of having either NO information about the subject of the interview or sometimes even having the WRONG information.

Police are allowed to lie to you in an investigation. Police do not have to inform you if they are recording an interview with a criminal suspect, or even a telephone conversation. You cannot take back what you have already said to police later! You need to contact a criminal defense attorney before you get into a problem. What happens at the first court appearance? The first court appearance is called the arraignment. That means that the criminal defendant is advised of his charges. If the matter is a misdemeanor, the defendant will be given an opportunity to plead not guilty, guilty or no contest.

If you plead guilty or no contest, your case is over and you are sentenced that day. That means if you plead guilty or no contest, and then decide to hire an attorney to fight the case, it is usually difficult to do so because the court has advised you of the rights you are waiving giving up. If the matter is a felony, the court will not accept a guilty or no contest plea from a criminal defendant who does not have an attorney. You will be asked to hire an attorney and come back with that attorney. If you do not have money for an attorney, the court will refer you to the Public Defender and order you to keep the appointment anc then come back.

In many cases, not having an attorney at the time of the first court appearance is simply an inconvenience since it means you have to come back on a different day with your attorney. There are some exceptions. This usually happens if the defendant is in custody. It can happen when the defendant is out of jail also. For example, if you are arrested for a DUI, and the police record check does not pick up some out-of-county prior DUIs, you might get released without having to pay bail own recognizance. By the time the case is in court, the DA will have run a full record of your prior convictions.

If you go to court out of custody as a first DUI offender, but you really have one or two DUI prior offenses, the judge at arraignment will likely raise your bail on the spot. That means you will go back into custody until you can post the higher bail. The second common exception is in the domestic violence setting. They may not want a restraining order. Or the restraining order period may be over by the time the defendant has his first court date. If the defendant goes to court alone, without the alleged victim, the court will likely order a no contact order.

That means you cannot go home or even talk to your spouse. If you have an attorney present, you are prepared for problems such as the two I have discussed. You can have bail money ready if you know the judge will raise the bail in a situation like the prior uncharged DUIs. If the judge will consider treatment alternatives, you can be in a program to avoid higher bail, depending on the judge and how many prior DUIs are on your record. In the domestic setting, if the alleged victim does not want charges to go forward, that person can inform the court that he or she does not want a no-contact order.

This limits the time out of the house for the defendant. Often this is very important to both members of the couple due to babysitting problems and extra money required to maintain 2 separate households for the same couple. You should always check with an attorney if you are considering just making that first court appearance alone. You may find that it will be costlier than hiring the attorney before your first court date!

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