Questions for our VERIFIED LAWYERS*~*~*NO DISCUSSIONS*~*~*

[Mountain_Kat]

If EB and AB were not legally married, how might that affect his immigration status? And how might this affect a trial, if AB is charged with murder?

http://charlotte.news14.com/content...ts-show-elisa-baker-may-have-committed-bigamy

 

[tlcya]

What are your thoughts on Elisa Baker's attorney Dubbs' motion for bail reduction wherein she outlines all the ways E has been helpful in leading LE to evidence of Zahra's remains etc?

What are your thoughts on DA Galliard's comment that her being assigned to the case may have been premature?

If they (E and Dubb's) are unable to obtain a deal from LE on charges pertaining to Zahra's demise, has Dubb's fatally wounded her client's case? Could this come into play in an appellate situation?

 

[Wise Old Owl]

What are the ramifications of Dubbs and the investigator retrieving and collecting that certain "piece of evidence"? Shouldn't they have let it be and called LE to come and get it?

P.S. I still dont' understand a seasoned DP attorney going and collecting a significant piece of evidence on her own. She should know better - shouldn't she?

 

[shay0903]

If EB and AY where granted divorce based on her present married name (baker) despite no divorce from previous marraige does that void their divorce based on the incorrect name?

 

[WhyaDuck?]

Bumping, bumping, over the bounding maine...

 

[tlcya]

snipped from duckys link above

On each search warrant, judges stated “the release of information contained in said search warrant and its return will potentially undermine an ongoing investigation or jeopardize the right of the state to prosecute a defendant or defendants or jeopardize the rights of a defendant or defendants to receive a fair trial.”

AND

unless they are sealed by the court.

If they are sealed, as the search warrants in the Zahra Baker case were, they “shall expire in 30 days unless a different expiration date is specified in the order,” according to the administrative order.

However, “the state may move for an extension of an order sealing or redacting a court document and the existing order shall remain in effect until the motion for extension is decided.”

ME: really comprehensive article involving timelines for release and conditions that may occur if not met. Buckle up kids, here comes all that legal wrangling I warned of in the emotional toll and other threads.

I sure hope we have good expert, verified lawyers that are interested in this case. I think we will need some serious expert play by play as things unfold.

 

[Kimster]

RLynne has been verified as an attorney to help answer our questions! Thank you so much RLynne! :blowkiss:

 

[tlcya]

Welcome RLynne! We are so happy to have you!

 

[RLynne]

Hello, all...recently verified as an attorney, so here I go. Caveat to everything I say: I'm not particularly familiar with NC law, but worked primarily in family law (with a bit of criminal defense here and there) for 6 years. Also, I still haven't figured out how to multi-quote messages.

If AB is arrested, charged and convicted, and sentenced to death, is he able to be extradited back to Australia to avoid the DP?

Nope. He's here, he's subject to the law of the state he's in. Australia can, through the embassy, provide assistance to him. I believe the Vienna Convention requires that, if a foreign national is arrested, they must be informed of their right to notify their embassy of the arrest. But no, no one gets an 'out' on punishment due to not being a citizen.

With that being said, if he were to be convicted of some crime that did not lead to the DP, he would likely then face deportation. I really don't know much about immigration law, but I do know it doesn't take a lot to trigger a deportation order these days.

 

[WhyaDuck?]

Welcome RLynne!
:woohoo:

 

[RLynne]

If it can be proven that EB has more money then she has claimed, would she lose the use of the indigent defense?

Possibly, but not likely, unless she has a *lot* of money hidden. Not familiar with how NC assigns counsel, but in a case this serious, they're not going to leave her without a lawyer--people do have a right, in criminal cases, to competent legal representation, and for a case like this, it would be very spendy to hire an attorney.

 

[RLynne]

If Bio-Mum can prove that AB took, and kept, Zahra from her homeland illegally, and she wanted to charge AB with parental interference or kidnapping or *something* would charges be filed in NC or in Australia?

Likely Australia. I've dealt with the issue in the other direction (parent took kids to South America), and charges were filed here in the US.

 

[WhyaDuck?]

To update WS's list of verified law professionals:

Lawyers:

AZLawyer
Cybersleuth58
Gitana1
Hell's Belle
Katprint
Miracleshappen
Nancy Botwin
Rhornsby
RLynne
Themis

Paralegal:

Legalmania

 

[Mountain_Kat]

A hypothetical:

If a body were so destroyed postmortem that a cause of death could not be determined, but if it could be reasonably determined that certain parties engaged in the disemberment of said body, the hiding of said body, and in the destruction of evidence pertaining to THAT crime, what are the maximum charges those parties might be facing?

(Hope that makes sense...law is NOT my strong suit.)

 

[RLynne]

A hypothetical:

If a body were so destroyed postmortem that a cause of death could not be determined, but if it could be reasonably determined that certain parties engaged in the disemberment of said body, the hiding of said body, and in the destruction of evidence pertaining to THAT crime, what are the maximum charges those parties might be facing?

(Hope that makes sense...law is NOT my strong suit.)

I'm going out a limb a little bit on answering this, because (a) my experience in criminal law is largely limited to misdemeanors and non-violent felonies; and (b) I'm not familiar with NC law, at all. Please take my answer with the grain(s) of salt it deserves.

1. I don't think that the lack of ability to determine cause of death precludes homicide charges. I can think of a handful of cases I'm familiar with where homicide charges were prosecuted (some successfully, some not) without a body even being found. A quick google search found me an article discussing 'no-body' homicide prosecutions in NC, specifically in discussion of this case, here. If you can prosecute a homicide case without a body, you can prosecute a homicide case without a conclusive cause-of-death (particularly when you can't conclude cause-of-death for the reasons in this case, as opposed to other scenarios I could think of).

2. I went to the NC Criminal Statutes (here) and, even being unfamiliar with NC statutes, found a number of things that might 'fit' (False reports to law enforcement agencies or officer , a misdemeanor; § 14‑221.1. Altering, destroying, or stealing evidence of criminal conduct., a Class I felony, are a few that popped out at me). In my experience, prosecutors can get *real* creative in coming up with charges for people. I'm sure someone with more experience in NC law could come up with a lot more.

 

[LCoastMom]

Thank you for your input RLynne! Glad to have you along!

 

[impatientredhead]

I'm going out a limb a little bit on answering this, because (a) my experience in criminal law is largely limited to misdemeanors and non-violent felonies; and (b) I'm not familiar with NC law, at all. Please take my answer with the grain(s) of salt it deserves.

1. I don't think that the lack of ability to determine cause of death precludes homicide charges. I can think of a handful of cases I'm familiar with where homicide charges were prosecuted (some successfully, some not) without a body even being found. A quick google search found me an article discussing 'no-body' homicide prosecutions in NC, specifically in discussion of this case, here. If you can prosecute a homicide case without a body, you can prosecute a homicide case without a conclusive cause-of-death (particularly when you can't conclude cause-of-death for the reasons in this case, as opposed to other scenarios I could think of).

2. I went to the NC Criminal Statutes (here) and, even being unfamiliar with NC statutes, found a number of things that might 'fit' (False reports to law enforcement agencies or officer , a misdemeanor; § 14‑221.1. Altering, destroying, or stealing evidence of criminal conduct., a Class I felony, are a few that popped out at me). In my experience, prosecutors can get *real* creative in coming up with charges for people. I'm sure someone with more experience in NC law could come up with a lot more.

http://law.justia.com/northcarolina/codes/2005/chapter_14/gs_14-7.html

Here is what I found for accessory after the fact. I was hoping that they had the same rules as Florida where the accessory after the fact can be charged with the same crime (murder) as they were intending to cover up.

Would that be the likely route they would go if they can't pin the actual murder on both of them?

 

[mikeysmommom]

I have never heard of a deal being cut without the person being charged for the crime.Is it a common practice? Is it even legal?

 

[RLynne]

I have never heard of a deal being cut without the person being charged for the crime.Is it a common practice? Is it even legal?

Holy wow, I am having a *hard* time keeping up with this case!

This is a pretty general answer.

Unless NC law is *totally* different from what I've dealt with...yes, prosecutors can enter into binding agreements (particularly if in writing) dealing with potential charges (as well as charges already filed). It's legal, and it's enforceable. (I dealt with a similar, much more minor, issue where a client, a defendant in unrelated charges, was also a victim of an attempted armed robbery--turns out that it was an actual armed robbery, and the goods taken were drugs--I got an agreement that for testifying against the perpetrators of the armed robbery, my client would not be charged with lying to police, or for dealing/possessing drugs, and his cooperation would be taken into account in his pending charges. I was a brand-new attorney, and wow, were some experienced public defenders annoyed with me... ).

Here's the caveat: such agreements generally require concessions on both sides. For example: if a defendant (or potential defendant) promises to be totally truthful in exchange for, e.g., no DP, then defendant is found to have lied, than the agreement is likely void, and the DP could come into play.

Second caveat: if the agreement is along the lines of "we, the prosecutors, will recommend a sentence of [X]", assuming everyone follows the agreement, the prosecutors are bound by the agreement--but the judge is not. However, I have only practiced in a state with no DP--my general understanding is that for the DP to be on the table, prosecutors have to specifically ask for it--if there is a valid agreement to the contrary, which has been followed by both sides, then the agreement likely stands, and the DP is not on the table.

 

[eyes4crime]

Thank you RLynn for taking the time to share your expertise with us sleuthers. Really appreciate it!

Is it possible that EB included hubby in her plea deal? Or could hubby have entered some kind of plea deal even though not arrested? Can't figure out why he hasn't been arrested as of yet. TIA