Search results

Lie detector tests are inadmissible for a reason: they are inherently unreliable. The truth is most tests are biased against the innocent, who will be upset and anxious to prove innocence. The test looks for anxiousness and nervousness, and reads that as "lying or untruthful." In the...

The bill quoted above about inmates attending funerals was a modification of the law in existence, which does authorize inmates of the department of corrections to attend funerals under certain circumstances. However, that law doesn't apply to TM since she is not an inmate of the South...

Most states have a two tier system of trial courts: the lower court where misdemeanors are dealt with, and a higher level court. The term "bound over" just refers to transferring the case from one court to another. I'm sure there is an old English term that " Bind over" derives from, but I've...

The state used the grand jury in Casey Anthony's case because she had already been charged and arrested on related matters that formed the basis of the complaint (child neglect). The state opted to go to the grand jury rather than start the entire process over. The state convened the grand...

I'm not trying to be argumentative. I'm just using 26 years as a criminal defense attorney. You may want to read sccourts.org criminal procedure section 109(c) for the procedure.

In general the process begins with LE seeking a warrant from either a magistrate (in my state) or a judge (as in SC). If the magistrate or judge finds probable cause, then a warrant is issued (ie charges are filed). The grand jury comes later and determines whether the case continues to trial...

There are 18 grand jurors picked to serve. Most states have 6 month terms; South Carolina can do 1 year terms. 6 of these are picked from the prior term while 12 are new. They are picked from the standard pool of jurors. Sessions are closed with evidence being present only by the solicitor's...

Yep, that's the nature of the proceeding.

The grand jury doesn't "usually come before charges". Procedure followed in this case is normal : probable cause to issue warrant determined by a magistrate or judge (depending on state); arrest; bond hearing if bond not set or is higher than defendant can post; probable cause or preliminary...

Deland is located on I-4 which is the most direct route to Orlando from I-95. I've driven through there several times to and from Disney World.

Very typical. In fact in most cases it is a rarity to have someone other than LE speak to the grand jury.

Looks like AC = Tammie's sister.

Several years ago, the State Department issued a statement that they were going to require passports on all cruises, which created a huge rush on passport applications that also created a backlog. Then, just months before it was to go into effect, they changed their mind. As of now, and as...

I think it would be difficult to remain silent, but in most cases like this, the audience is admonished prior to the start of the case that any outbursts would be considered contempt of court, and would subject the person to jail time. In my state, that could be 30 days.

The standard for the grand jury is basically: if law enforcement is telling the truth, and taking that truth in the light most favorable to the state, is it likely that a crime was committed and that these defendants committed this crime. The standard rules of evidence do not apply. Grand...