what are the first documents an attorney files in a criminal theft case

What is the first document filed in a lawsuit called?

Jun 20, 2016 · The Summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court's identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the "Notice."

What is a civil theft case?

In defending theft cases, they are usually straightforward. Most people, who are charged with theft, did commit the crime. But, that does not mean that the person is going to be convicted of the crime. The defense lawyer’s obligation is to hold the prosecutor to their burden of proof. There may be defects in the prosecutor’s case that the ...

Do you need a lawyer for a civil theft lawsuit?

Dec 09, 2014 · The requester must provide his/her date and place of birth, case or matter number Involved (if known), a notarized signature, or declaration made under penalty of perjury, a current return address and any other identifying information or number which may be of assistance in locating the requested record.

How can a criminal defense attorney help my theft case?

Whereas criminal theft is prosecuted by the state, any injured citizen may file a lawsuit for a tort. Civil tort law addresses breaches of civil duty, rather than a contractual or general society duty. Civil torts may be intentional, such as theft by conversion. An additional difference is that, generally, a person found guilty of civil theft ...

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What are the 3 basic components of an offense?

In general, every crime involves three elements: first, the act or conduct (“actus reus”); second, the individual's mental state at the time of the act (“mens rea”); and third, the causation between the act and the effect (typically either "proximate causation" or "but-for causation").

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What is the information in a criminal case?

Like an indictment, an information is a formal charging document that describes the criminal charges against a person and the factual basis for those charges. Unlike an indictment, however, an information does not require a grand jury's vote.

What is required to convict a person of a crime?

In order to convict you of a criminal charge, the prosecutor must prove your guilt beyond a reasonable doubt. This is a pretty lofty standard, and during any trial the defendant may present a defense in order to raise such a reasonable doubt.Mar 26, 2019

What three elements must be shown by a prosecutor to convict an accused person of a crime?

The three specific elements (with exception) that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred (actus reus), (2) that the accused intended the crime to happen (mens rea) and (3) and concurrence of the two meaning there ...Feb 22, 2019

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

What are the three stages of a criminal case?

A criminal prosecution generally breaks out into three stages: pretrial, trial, and post-trial. Each stage may include multiple steps.

What are the three types of charging documents?

There are three types of charging documents: an Indictment, a Complaint, and an Information.

What is the Miranda ruling?

The Miranda rule, which the Supreme Court recognized as a constitutional right in its 1966 decision Miranda v. Arizona, requires that suspects be informed of their Fifth and Sixth Amendment rights "prior to interrogation" if their statements are to be used against them in court.