A restitution hearing is a criminal hearing in which the court determines by the evidence provided what amount of restitution the defendant must pay to the victim. The amount can come straight out of pocket or it can come from insurance proceeds or other sources. If there is an identifiable victim there will more than likely be a restitution hearing. Restitution hearings will probably not occur if there is no damage to the public, for example you are charged with drunk in public and no damage to property or drunk driving and no accident occurred.
Restitution hearings occur after conviction or a plea and can occur a number of months later. The victim is allowed to speak/be present at the hearing and can present evidence as to the amount of damages they suffered. The court can accept or reject this evidence depending on credibility and relevance.
Tuesday, February 16, 2010
Wednesday, February 10, 2010
Parole
Parole is akin to probation but is still distinct. Probation is when you have been convicted of a crime but you do not serve any jail time, instead you are either on formal or informal probation - in essence the Court wants to make sure you stay on your best behavior.
Parole is for those individuals who have served time but are let out early. For example if the individual is sentenced to 10 years prison time but only serves 6 before being let out, the individual will have to serve some time on parole (likely one year). During this time the individual is to follow all laws, be a model citizen, keep in contact with your parole officer and refrain from any drugs or alcohol.
Parole is intended as a means of introducing individuals who were incarcerated back into the general public. In California a person with a life sentence will be released into the general public if the Board of Prison Terms determines that the individual is no longer an unreasonable danger to the public. The Board looks at many factors including the individuals programming, criminal history, prison history, vocational skills, education and support in the general populace if let out.
Depending on what the individual did he or she may or may not get parole. Once an individual gets parole it is in their best interest to follow the terms and conditions of the parole otherwise they are looking at significant jail time.
Parole is for those individuals who have served time but are let out early. For example if the individual is sentenced to 10 years prison time but only serves 6 before being let out, the individual will have to serve some time on parole (likely one year). During this time the individual is to follow all laws, be a model citizen, keep in contact with your parole officer and refrain from any drugs or alcohol.
Parole is intended as a means of introducing individuals who were incarcerated back into the general public. In California a person with a life sentence will be released into the general public if the Board of Prison Terms determines that the individual is no longer an unreasonable danger to the public. The Board looks at many factors including the individuals programming, criminal history, prison history, vocational skills, education and support in the general populace if let out.
Depending on what the individual did he or she may or may not get parole. Once an individual gets parole it is in their best interest to follow the terms and conditions of the parole otherwise they are looking at significant jail time.
Thursday, February 4, 2010
Motions
A motion is a legal action that is asking the court to do something. A motion can be made orally or written. Oral motions are generally made during court or at a court hearing. Written motions are much more formal and follow a set of rules. Motions encompass a large number of topics.
For example:
Motion to suppress is a motion to prevent certain evidence from coming in at trial
Motion to compel is a motion that forces a party to do something, e.g. provide evidence, appear at a deposition, etc.
Medical Motion is a motion to require the state to provide certain medical needs for an individual.
Motions in limini are motions made right before a trial to determine the admissibility or evidence or what type of evidence may be introduced during trial (for example what topics can be covered by a witness)
These are just a few of the motions that can be made on your behalf. Now, motions may not always been the best choice when planning a strategy for your case. If you file a frivolous motion you run the risk of angering the judge or prosecutor who could make your life much harder from that point on. Furthermore, it may be easier to get what you want by talking to the prosecution and getting a stipulation (which is an agreement between the parties to a certain set of conditions or rules or outcome).
Motions are a powerful tool of any case, but as mentioned above may not be needed or may be detrimental to your case depending on your circumstances. Lastly, when your attorney is drafting a motion for you make sure the information provided is correct otherwise it may come back to haunt you!
For example:
Motion to suppress is a motion to prevent certain evidence from coming in at trial
Motion to compel is a motion that forces a party to do something, e.g. provide evidence, appear at a deposition, etc.
Medical Motion is a motion to require the state to provide certain medical needs for an individual.
Motions in limini are motions made right before a trial to determine the admissibility or evidence or what type of evidence may be introduced during trial (for example what topics can be covered by a witness)
These are just a few of the motions that can be made on your behalf. Now, motions may not always been the best choice when planning a strategy for your case. If you file a frivolous motion you run the risk of angering the judge or prosecutor who could make your life much harder from that point on. Furthermore, it may be easier to get what you want by talking to the prosecution and getting a stipulation (which is an agreement between the parties to a certain set of conditions or rules or outcome).
Motions are a powerful tool of any case, but as mentioned above may not be needed or may be detrimental to your case depending on your circumstances. Lastly, when your attorney is drafting a motion for you make sure the information provided is correct otherwise it may come back to haunt you!
Wednesday, February 3, 2010
Probation
Probation occurs when the court imposes a prison term, but does not require the defendant to serve actual prison time. The individual must behave and comport to the terms and conditions of the probation or they will serve time. The prison term floats over the defendant's head for the entire term, for example in CA for a first time D.U.I. offense there is probation for 3 years. This means the individual must obey the rules for those three years (you should always obey the rules) and if you do not then the prior sentence gets imposed - you go to jail.
Depending on the terms and conditions you may need a probation officer or you may have to show up to court on your own. Most people prefer not having a probation officer as it allows more freedom and you are acting on your own honor to abide by the rules. However, certain crimes will require you to have a probation officer whether you like it or not.
While on probation your constitutional rights are limited. For example you will have to submit to a breathalizer or blood test if asked by the police. You generally have to give fingerprints or other biometric information to the police. You cannot break any laws except for maybe traffic violations (speeding, doing a U-turn when not allowed, etc.).
Probation is a realistic option for the justice system that is overflowing with inmates. Allowing individuals to remain outside of custody decreases the burden on the courts, on the prisons and on the state. If the courts were to require everyone to go to prison or jail then our already overburdened system would cease to function due to over-population. When you are charged with a crime, I highly recommend that you attempt to get probation and then ABIDE by the rules set forth by the probation even if they seem trivial or stupid. You do NOT want to go to jail or prison because you could not get home before curfew or you just had to have a drink!
Depending on the terms and conditions you may need a probation officer or you may have to show up to court on your own. Most people prefer not having a probation officer as it allows more freedom and you are acting on your own honor to abide by the rules. However, certain crimes will require you to have a probation officer whether you like it or not.
While on probation your constitutional rights are limited. For example you will have to submit to a breathalizer or blood test if asked by the police. You generally have to give fingerprints or other biometric information to the police. You cannot break any laws except for maybe traffic violations (speeding, doing a U-turn when not allowed, etc.).
Probation is a realistic option for the justice system that is overflowing with inmates. Allowing individuals to remain outside of custody decreases the burden on the courts, on the prisons and on the state. If the courts were to require everyone to go to prison or jail then our already overburdened system would cease to function due to over-population. When you are charged with a crime, I highly recommend that you attempt to get probation and then ABIDE by the rules set forth by the probation even if they seem trivial or stupid. You do NOT want to go to jail or prison because you could not get home before curfew or you just had to have a drink!
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