Users' questions

Why is there no evidence in guilty until proven innocent?

Why is there no evidence in guilty until proven innocent?

Even the defendant’s state of mind (the ‘mens rea’) when the alleged crime was committed is assumed, as there is no real evidence to prove its existence.

When is evidence seized by police pursuant to a search warrant?

When evidence is seized by police pursuant to a search warrant or an arrest or other detention, a criminal defense attorney will look at the factual scenario to determine if the evidence was illegally obtained and in violation of the defendant’s constitutional rights.

Can a motion to suppress evidence be granted?

If it is more likely than not that the evidence was obtained illegally, then the motion is granted. If the motion to suppress is granted, the judge will order the evidence excluded from the trial.

How is a letter of pleading worded and presented?

How is the letter worded and presented. A letter of pleading is used in order to request a reconsideration of certain cases. In which case, your letter must contain the following: 1. Details of the case. Make sure you really indicate the specifics. If there are case numbers and dates, you must indicate these correctly.

Are there any problems with pleading proof and evidence?

There are a number of problems with this submission. Firstly, there is no pleading that the transaction was a sham or a device to enable the Second Defendant obtain possession at will. This is not just a minor pleading point which can be ignored. Such a case would be a wholly different one requiring evidence in support.

What happens in the absence of a pleaded case?

The absence of a pleaded case is fatal to this argument. In any case a sham transaction is one which is dressed up to look like one thing but is in fact something else. The alternative situation is where one party presents a transaction which is in fact a sham and the other knows nothing about it.

How is the letter worded and presented. A letter of pleading is used in order to request a reconsideration of certain cases. In which case, your letter must contain the following: 1. Details of the case. Make sure you really indicate the specifics. If there are case numbers and dates, you must indicate these correctly.

Can you introduce new evidence in a new trial?

You can’t introduce new evidence, or introduce a change in trial strategy. It doesn’t replace a good trial effort, or make up for a lack of evidence. If legal mistakes were made at your trial, however, it can give you a chance at a new trial, or a reduction in charges or sentence.