Criminal charge

A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:

The charging document is what generally starts a criminal case in court. But the procedure by which somebody is charged with a crime and what happens when somebody has been charged varies from country to country and even, within a country, from state to state.

Before a person is proven guilty, the charge must be proven beyond a reasonable doubt.[1]

Punishment

There can be multiple punishments due to certain criminal charges. Minor criminal charges such as misdemeanors, tickets, and infractions have less harsh punishments. The judge usually sentences the person accused of committing the charges right after the hearing. The punishments generally include fines, suspension, probation, a small amount of jail time, or alcohol and drug classes. If the criminal charges are considered more serious like a felony, then there is a more lengthy process for determining the punishment. Felonies include the most serious crimes such as murder and treason. In addition to the trial that decides innocence or guilt, there is a separate trial (after one is convicted) that determines the punishment(s) for the criminal charges committed.[2]

Rights when facing criminal charges

In the United States, people facing criminal charges in any situation are given rights by the Constitution.[3] These rights include things like the right to remain silent, habeas corpus, and the right to an attorney. It is important for someone who faces criminal charges to know their rights so they can take the proper action to exercise their rights. Among those rights are a criminal suspect's Miranda Rights which are read to a suspect prior to interrogation while in the custody of the police. If a suspect is not given a Miranda warning prior to interrogation it is possible that the suspect's statements will be excluded from evidence in a later criminal prosecution.[4]

Prosecution

Many people avoid criminal charges by staying out of the state where they committed the crime. A person facing state criminal charges is always prosecuted in the state where they committed the charges.[5] A person may be able to get away with minor violations like a ticket, but they will not be able to hide from something like a misdemeanor or a felony. There are about sixty criminal charges that are considered more serious that people face every day. These charges can range from less serious actions such as shoplifting or vandalism to more serious crimes such as murder.[6]

Reckoning

A person may not even know if he was charged. If he is really worried, he can contact an attorney to ascertain if he was charged with any crime. A police officer may also charge someone after they investigate the possible crime he committed.[1][2][5][6]

References

  1. ^ a b "Beyond A Reasonable Doubt". Retrieved 8 January 2018.
  2. ^ a b Larson, Aaron. "Criminal Charges". Law Offices of Aaron Larson. Retrieved 8 January 2018.
  3. ^ Vinson, Carl. "Your Basic Constitutional Rights in the Criminal Justice System". GeorgiaLegalAid.org. Retrieved 7 January 2018.
  4. ^ Stone, Geoffrey R. (1977). "The Miranda Doctrine in the Burger Court". The Supreme Court Review. 99: 169. Retrieved 7 January 2018.
  5. ^ a b "Criminal Procedure". Wex. Cornell Law School. Retrieved 7 January 2018.
  6. ^ a b Finley, Laura (2016). Crime and Punishment in America: An Encyclopedia of Trends and Controversies. ABC-CLIO. ISBN 1610699289. Retrieved 7 January 2018.
Accused

Accused or The Accused may refer to:

A person suspected with committing a crime or offence; see Criminal charge

Suspect, a known person suspected of committing a crime

The Accüsed, a 1980s Seattle crossover thrash band

The Accused, a play by Jeffrey Archer

Affirmative defense

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, and the statute of limitations.

Buju Banton

Boom Bye Bye redirects here, for the Niska song, see Europa's Diplo album.

Buju Banton (born Mark Anthony Myrie; 15 July 1973) is a Jamaican dancehall and reggae musician. He is widely considered one of the most significant and well-regarded artists in Jamaican music. Banton has collaborated with many international artists, including those in the Hip Hop, Latin and punk rock genres, as well as the sons of Bob Marley.Banton released a number of dancehall singles as early as 1987 but came to prominence in 1992 with two albums, Stamina Daddy and Mr. Mention, the latter which became the best-selling album in Jamaican history upon its release. That year he also broke the record for #1 singles in Jamaica, previous held by Bob Marley. He signed with the major label Mercury Records and released Voice of Jamaica in 1993. By the mid-1990s, Banton's music became more influenced by his Rastafari faith, as heard on the seminal albums 'Til Shiloh and Inna Heights.

In 2009, he was arrested on drug-related charges in the United States and his first trial resulted in a hung jury. His 2010 album Before the Dawn won Best Reggae Album at the 53rd annual Grammy Awards. In 2011, he was convicted on the same criminal charge and was imprisoned in the U.S. until December 2018, whereupon he returned home to Jamaica.

Bumpy Johnson

Ellsworth Raymond "Bumpy" Johnson (October 31, 1905 – July 7, 1968) was an American mob boss and bookmaker in New York City's Harlem neighborhood. The main Harlem associate of Charles "Lucky" Luciano and what would become later known as the Genovese crime family, Johnson's criminal career has inspired films and television.

Criminal procedure

Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.

György Szilvásy

György Szilvásy (born April 29, 1958, Budapest) is a Hungarian politician, former minister in the cabinet of Ferenc Gyurcsány supervising the secret service.

Hendrik Samuel Witbooi

Captain Hendrik Samuel Witbooi, Nama name: ǃGae-nûb ǃnagamâb ǃNansemab, (1 June 1906 – 29 July 1978) was the sixth Kaptein of the ǀKhowesin, a subtribe of the Orlam, in the area of South-West Africa (SWA), today's Namibia. He was born in Gibeon; Hendrik Witbooi was his grandfather. He was selected to be the successor of his uncle David Witbooi who died in 1955.Together with Hosea Kutako, Samuel Witbooi was involved in the drafting of a petition to the United Nations in 1947 to put Namibia under British trusteeship. The petition was signed at the occasion of the 1947 Herero Day gathering and subsequently presented to the UN by Reverend Michael Scott, because neither Kutako nor Witbooi were allowed to leave South-West African territory. In 1956, Witbooi addressed the UN again, "on behalf of the non-European inhabitants of SWA". The results were that the UN rejected a request to divide South-West Africa and allocate its southern parts permanently to South Africa. They also extended their own mandate on South-West Africa for one more year.

Witbooi was a strong opponent of the South African system of Bantu Education which deprived black learners of an appropriate access to education. He then established the African Methodist Episcopal Church Private School which used English as medium of instruction. He was a strong opponent of the South African Homeland policy. Furthermore, he aggressively opposed the enforced resettlement of the ǃGami-ǂnun (Bondelswarts) from the Warmbad area to Gibeon. Throughout November 1967 he advised the ǃGami-ǂnun in Warmbad to reject any South African resettlement plans. Witbooi joined SWAPO in 1977 but died not long after that, in 1978. Hendrik Witbooi, Jr. succeeded him as chief of the ǀKhowesin.

Hendrik Samuel Witbooi is regarded a hero of the Namibian struggle for independence. He is known for the quote

"I don't want to possess a part of our country — I want to have the whole Namibia."

which resulted in a criminal charge laid against him by the South African administration. Outside Windhoek's Tintenpalast there is a statue of him.

Information (disambiguation)

Information or info is the resolution of uncertainty, or a collection of related data or knowledge about a topic.

Information may also refer to:

Data, or data used in computing

Physical information either of, or contained in a physical system.

Information theory, the mathematical theory of Information and communication

Directory assistance, a phone service used to find out a specific telephone number and/or address of a residence, business, or government entity

Information (formal criminal charge), a formal criminal charge made by a prosecutor without a grand-jury indictment

Fisher information, in statistics

Information (formal criminal charge)

An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions.

Juan Pablo Ledezma

Juan Pablo Ledezma (a.k.a. José Luis Fratello) is the current leader of the Mexican gang called La Línea, which is the armed wing of the drug trafficking organization known as the Juárez Cartel and is said to be the current leader of the organization.The Mexican government is currently offering a $2 million USD bounty for information leading to his capture.

Lie on file

In English law, applicable to England and Wales, a criminal charge is allowed to lie on file when the presiding judge agrees that there is enough evidence for a case to be made, but that it is not in the public interest for prosecution to proceed, usually because the defendant has admitted other, often more serious, charges. No admission to the charges is made by the defendant, and no verdict is recorded against them.Charges which have lain on file may be reinstated at a later date, but only with the permission of the trial judge or the Court of Appeal.Charges which have been laid on file have on occasions been taken into account in actions under the Proceeds of Crime Act 2002, to confiscate the gains of criminal activity. The legal commentator David Winch has argued that this is in breach of the presumption of innocence.

Lucas Viatri

Lucas Ezequiel Viatri (Spanish pronunciation: [ˈlukaz ˈβjatɾi]; born 29 March 1987) is an Argentine footballer who plays as a striker for Peñarol.

Murder of Kriss Donald

Kriss Donald (2 July 1988 – 15 March 2004) was a 15-year-old white Scottish boy who was kidnapped and murdered in Glasgow in 2004 by a gang of men of Pakistani origin, some of whom fled to Pakistan after the crime. Daanish Zahid, Imran Shahid, Zeeshan Shahid and Mohammed Faisal Mustaq were later found guilty of racially motivated murder and sentenced to life imprisonment.The case, which featured the first-ever conviction for racially motivated murder in Scotland, is cited in two newspaper articles as an example of the lack of attention the media and society give to white sufferers of racist attacks compared to that given to ethnic minorities. It is also suggested the crime demonstrates how society has been forced to redefine racism so as to no longer exclude white victims.

Negligent homicide

Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die.Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape that was left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. An employee had left the tape on and was charged with negligent homicide. Other times, an intentional killing may be negotiated down to the lesser charge as a compromised resolution of a murder case, as in the case of former UFC fighter Gerald Strebendt's intentional shooting of an unarmed man after a traffic altercation.

Neville Bruns

Neville Bruns (born 3 October 1958) is a former Australian rules footballer in the Victorian/Australian Football League for Geelong Football Club. He wore the number 19 during his tenure at the club and played often in the wing and rover positions. From 1978–1992 he played 223 games (including the 1989 and 1992 Grand Finals) and kicked 174 goals. He received a total of 33 Brownlow votes in his career.

In 1985, Leigh Matthews infamously king hit Bruns and broke his jaw. Although no reports were made at the time, the Victorian Football League (VFL) Commissioners subsequently investigated the incident, found Matthews to be responsible and deregistered him for four weeks. Matthews then faced a criminal charge of assault, to which he pleaded guilty, and was fined $1,000. This resulted in much debate over the role of the police in sporting incidents.Neville Bruns formerly worked as the Victorian State Manager for Sportsco and is now the National Operations Manager for an Australian trade and industrial tool retailer.

Neville Bruns also worked as a teacher at Geelong College in the 1980s.

Orbán Kolompár

Orbán Kolompár (born in Kiskunmajsa, People's Republic of Hungary, September 24, 1963) is a Hungarian Romani politician and activist, who served as President of the National Gypsy Council (OCÖ) from 2003 to 2011. He is the founder and chairman of the Romani Alliance Party (MCF).

Plea

In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion

by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded guilty, not guilty, no contest, (in the United States) Alford plea or (in the United Kingdom) no case to answer.

The concept of the plea is one of the major differences between criminal procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence, and a full confession does not prevent a full trial from occurring or relieve the prosecutor from having to present a case to the court.

Ruben Salazar

Ruben Salazar (March 3, 1928 – August 29, 1970) was a civil rights activist and a reporter for the Los Angeles Times, the first Mexican-American journalist from mainstream media to cover the Chicano community.Salazar died as a result of injuries sustained during the National Chicano Moratorium March against the Vietnam War on August 29, 1970, in East Los Angeles, California. During the march, Salazar was struck by a tear-gas projectile fired by a Los Angeles County Sheriff's deputy. No criminal charge was filed, but Salazar's family reached an out-of-court financial settlement with the county.

Selective prosecution

In jurisprudence, selective prosecution is a procedural defense in which a defendant argues that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. In a claim of selective prosecution, a defendant essentially argues that it is irrelevant whether they are guilty of violating a law, but that the fact of being prosecuted is based upon forbidden reasons. Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal actions for which the defendant is being tried and were not prosecuted, and that the defendant is only being prosecuted because of a bias. In the US, this defense is based upon the 14th Amendment, which stipulates, "nor shall any state deny to any person within its jurisdiction the equal protection of the laws."

The Supreme Court of the United States has defined the term as: "A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution." The defense is rarely successful; some authorities claim, for example, that there are no reported cases in at least the past century in which a court dismissed a criminal prosecution because the defendant had been targeted based on race. In United States v. Armstrong (1996), the Supreme Court ruled the Attorney General of the United States and United States Attorneys "retain 'broad discretion' to enforce the Nation's criminal laws" and that "in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties." Therefore, the defendant must present "clear evidence to the contrary", which demonstrates "the federal prosecutorial policy 'had a discriminatory effect and that it was motivated by a discriminatory purpose.'"

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