Homicide - the killing of a human being due to the act or omission of another. Included among homicides are murder and manslaughter, but not all homicides are a crime, particularly when there is a lack of criminal intent. Non-criminal homicides include killing in self-defense, a misadventure like a hunting accident or automobile wreck without a violation of law like reckless driving, or legal (government) execution. Suicide is a homicide, but in most cases there is no one to prosecute if the suicide is successful. Assisting or attempting suicide can be a crime.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Saturday, August 15, 2009
Friday, August 7, 2009
Law Terms: Suppression of Evidence
Suppression of evidence:
1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. (Pursuant to the 4th amendment of the US Constitution and Article I Section 8 of the Pennsylvania Constitution)
2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. (Pursuant to the 4th amendment of the US Constitution and Article I Section 8 of the Pennsylvania Constitution)
2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
Thursday, August 6, 2009
Preliminary Hearing
preliminary hearing
in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.
A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).
Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial.
If there is no such convincing evidence, the judge will dismiss the charges.
From the defense perspective, the preliminary hearing is one of the most important steps in the criminal justice process since you get an opportunity to hear the evidence against you, evaluate witnesses and effectively map out a strategy for your defense.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.
A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).
Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial.
If there is no such convincing evidence, the judge will dismiss the charges.
From the defense perspective, the preliminary hearing is one of the most important steps in the criminal justice process since you get an opportunity to hear the evidence against you, evaluate witnesses and effectively map out a strategy for your defense.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Wednesday, August 5, 2009
US Constitution - Bill of Rights - Tenth Amendment
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Tuesday, August 4, 2009
US Constitution - Bill of Rights - Ninth Amendment
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
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