what if the clerks criminal charges are different than what my attorney tells me my charges are

Who decides what charges to file in a criminal case?

May 26, 2018 · You got a Uniform Summons and Complaint, including the Maine statute section. But when you get to Court, you find that the charge is completely different. You wonder, is this legal? The short answer

What if my criminal record does not contain all the charges?

Prosecutors can look at all the circumstances of a case, including the suspect's past criminal record, in deciding whether and what to charge. Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any ...

Can my lawyer get my criminal charges dropped or dismissed?

Oct 18, 2021 · Criminal Law FAQs. Being accused of a crime or facing a criminal charge can be an unnerving experience. This process involves many nuances and technical aspects, which can add to the stress burdening a defendant. You likely have questions about your rights and the potential range of outcomes for your case. Each situation is different, and you ...

Can a prosecutor change the charges at the first court appearance?

Nov 14, 2019 · Criminal charges can be accessed through the online database of the court in which the case was heard. An individual can also learn her criminal charges from the clerk of court, the court's library or a public terminal at the court. …

Can prosecutor amend charges?

Section 216 Code of Criminal Procedure confers jurisdiction on all Courts, including the designated Courts, to alter or add to any charge framed earlier, at any time before the judgment is pronounced.

What happens after a criminal charge?

Once the prosecutor has decided to charge a case, they must decide whether to file the charges in a complaint with the trial court or to take the case to a grand jury. Federal felony prosecutions must go through a grand jury. Some states also require serious criminal charges to go through a grand jury, as well.Nov 18, 2021

What does disposition mean in a criminal case?

The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: means you have plead or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.

How long do the police have to charge you with a crime?

Effectively, this means the police must charge (or lay an information before a Magistrates' Clerk) within six months of the date of the offence (section 127(1) Magistrates' Courts Act 1980). For all other offences, there is no statutory time limit.Nov 17, 2020

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 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

What happens if charges are dropped before court?

What Does It Mean When a Case Is Dismissed? Dropped and dismissed criminal charges are similar in that the case does not go to trial and the defendant does not face penalties for the alleged offense.Aug 6, 2021

Can charges be dropped after sentencing?

Charges also can be dismissed even if the case has gone to trial and the defendant has lost. A convicted defendant who wins an appeal can sometimes secure an order from the appellate court that the lower court (the trial court) dismiss the case or enter a judgment of acquittal rather than retry the case.

What happens if you plead not guilty at an arraignment?

If you plead "not guilty" at the arraignment, the judge will set a date for trial approximately four weeks from the day of arraignment. Pleading not guilty at the arraignment leaves all your options open until you have more time to decide what you want to do.

How long can the police keep me under investigation?

Because there is now a time limit on bail, police officers often prefer to release suspects under investigation instead. There are no deadlines in effect, so you can remain a suspect under caution indefinitely.May 3, 2020

How long can the police keep you released under investigation?

If an individual is released on pre-charge bail, the police have an initial time limit of 28 days to continue their investigation. However, this can be extended to three months by a senior police officer.

Can you be convicted without evidence?

This most often occurs in domestic violence cases, but it can occur in any case where a complainant is able to identify the suspect. There may be no forensic evidence, no camera footage, no witnesses or anything else that supports what the complainant has said.

Why do charges get dismissed?

After charges are filed , prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

What is plea bargain agreement?

That occurs when prosecutors agree to dismiss the original charge if the defendant agrees to plead guilty or no contest to a less severe charge instead. Neal Davis can guide you and protect your legal rights in plea bargain agreements.

What is the 4th amendment?

Fourth Amendment violations. The Fourth Amendment protects citizens against unlawful searches and seizures by police, investigators, and law enforcement.

What are procedural issues?

Procedural issues. Police and prosecutors must follow strict criminal procedures when arresting, booking, interrogating, setting a bail hearing, or engaging in pretrial activities. If a defendant's rights are violated, these procedural errors may actually be grounds for a case dismissal or sentence reduction.

Can a grand jury dismiss a charge?

The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it. Prosecutors prefer doing that rather than spending time prosecuting a case they cannot win. Again, grand jury dismissal can occur only before the chance of a grand jury indictment.

Can police search a car without a warrant?

In the case of Fourth Amendment violations, police can search a person, house or car without a search warrant in some circumstances. If police have reasons to believe an arrested person is carrying a criminal weapon, a search can be made.

What does a prosecutor do when a grand jury is indicted?

When a prosecutor brings a case to a grand jury, she presents the jurors with a "bill" (the charges) and introduces evidence—usu ally the minimum necessary, in the prosecutor's opinion—to secure an indictment. The proceedings are typically secret; it is standard practice to call witnesses to testify against the suspect without the suspect or the suspect's lawyer present. But, depending on state law, indicted suspects might later be able to get transcripts or recordings of grand jury proceedings. (The availability of a transcript is a big reason why prosecutors like to keep the evidence to the minimum.)

How to file a complaint against a prosecutor?

The prosecutor will typically: 1 determine that the case should be charged and file a "complaint" (the charging document may go by a different name) 2 decide that the case should go to a grand jury, which will decide what charges, if any, to file, or 3 decide not to pursue the case.

What does the prosecutor decide?

The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.

How does a preliminary hearing work?

Typically, if the prosecutor decides to file a felony complaint rather than present the case to a grand jury, the defendant is entitled to a preliminary hearing. At that hearing, the prosecutor must show that the state has enough evidence of the defendant's guilt to warrant a trial.

What is an arrest report?

An arrest report summarizes the events leading up to the arrest and provides numerous details, such as dates, times, locations, and witness names. The prosecutor will typically: determine that the case should be charged and file a "complaint" (the charging document may go by a different name) decide that the case should go to a grand jury, which ...

How long does it take to serve on a grand jury?

In fact, serving on a grand jury can mean a time commitment of six months or longer. Here are other ways grand juries are different: Petit jurors decide whether defendants are guilty.

What happens if a grand jury returns a no bill?

If the grand jury decides to indict, it returns what is called a "true bill." Otherwise, it returns a "no bill." But even if the grand jury returns a no bill, the case isn't necessarily closed. Again depending on the law in the jurisdiction, the prosecutor might be free to return to the same grand jury with more evidence, present the same evidence to a second grand jury, or bypass the grand jury altogether and file a criminal complaint (or other charging document.)

What is a Class 1 misdemeanor in North Carolina?

Some states issue criminal penalties for specific acts. For example, in North Carolina Notaries are considered guilty of a Class 1 misdemeanor if they take an acknowledgment or administer an oath or affirmation without personal knowledge or satisfactory evidence of the principal’s identity (GS 10B-60 [c]).

What is a misdemeanor in Hawaii?

In Hawaii, knowingly notarizing a signature on a document and failing to properly identify a document signer through personal knowledge or satisfactory proof of identity, or knowingly failing to include required information on a certificate statement are misdemeanors (HRS 456-21).

Why is notarization important?

Notarization is a big deal. It protects signers from document fraud and ensures the integrity of business and legal transactions. Willfully breaking the law — or even making an unintentional mistake — can lead to serious financial and legal penalties for you. Here’s a look at some possible consequences of Notary misconduct in different states.

How to report notary misconduct in Illinois?

If you wish to report Notary misconduct, the telephone number for the Secretary of State's Index Department is 1-217-782-7017. If you wish to file a complaint about attorney misconduct, you should contact the Illinois Attorney Registration and Disciplinary Commission. Their website is: https://www.iardc.org/.

Can the NNA provide legal advice?

Hello. We apologize, but the NNA cannot provide advice on legal matters or legal disputes. You would need to speak to a qualified attorney to answer any questions about possible legal options in your situation.

What to do if someone notarized my signature?

If you believe that someone improperly notarized your signature without your knowledge or consent, you should contact local law enforcement or your state Notary-regulating agency to file a report and request assistance.

Is there a notary seal on an I-9?

Hello. Normally, there is no Notary certificate wording included in the I-9 form, nor is a Notary asked to affix his or her seal to the form. Acting as an authorized representative for an I-9 form is not a notarial act, and and therefore not within the scope of state mandated fees for performing notarial services.

What is an arrest report?

Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

How does a civil suit differ from a criminal case?

A plaintiff in a civil lawsuit must prove their case by the preponderance of the evidence, while the prosecution in a criminal case must prove their case beyond a reasonable doubt. This is a much higher standard to meet. As a result, the same evidence may support civil liability but not a criminal conviction.

What is the process of being accused of a crime?

Being accused of a crime or facing a criminal charge can be an unnerving experience. This process involves many nuances and technical aspects, which can add to the stress burdening a defendant. You likely have questions about your rights and the potential range of outcomes for your case. Each situation is different, and you should consult an attorney for specific guidance. However, these are some answers to general questions that often arise.

What is the exclusionary rule?

The exclusionary rule provides that evidence obtained through a constitutional violation cannot be used against a defendant. A related doctrine, known as the fruit of the poisonous tree, requires evidence obtained from unconstitutionally obtained evidence to be excluded as well in many cases.

How long does a misdemeanor case last?

The complexity of a case will affect how long it takes. A simple misdemeanor might be resolved within a few weeks or a month, while a felony case might last for several months or a year. If the prosecution makes a reasonable plea offer early in the process, the case will end much sooner than if it goes to trial.

Is probable cause a reasonable suspicion?

It is more than a reasonable suspicion, but it is often considered to be less than the preponderance of the evidence standard in civil court. The preponderance of the evidence standard means that a fact is more likely than not to be true. Thus, probable cause is not as “probable” as it sounds.

What is bench warrant?

A bench warrant is a specific type of warrant that a judge issues when a defendant fails to show up in court when required or otherwise violates the rules of court. It can function as an arrest warrant does, since the police can use a bench warrant to seize the defendant and bring them back to court.

Is a mistake of fact a defense?

A mistake of fact can be a defense to a crime if it would negate the mental state required for a conviction. The mistake usually must be reasonable if the crime requires general intent, but even an unreasonable mistake may establish a defense if the crime requires specific intent.

Why should an individual review his criminal charges?

An individual should review his criminal charges to make sure the court’s records are complete and accurate. He can provide proof of why the records should be changed using documents he received during a court proceeding , such as a trial, or obtains from his attorney.

How to get a copy of criminal history?

In order to get a copy of a criminal history, an individual should contact the department of justice in his state. Depending on the state’s rules, he may need to submit fingerprint images. He may also need to pay a processing fee or apply for a fee waiver.

Who is Jessica Zimmer?

Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.

Is juvenile delinquency considered a crime?

Juvenile charges are considered delinquencies rather than crimes, and juvenile records are protected information. An individual or her attorney can request copies of expunged, pardoned and juvenile charges from the court that adjudicated the case.

Eric J Trabin

You can look it up online to see if formal charges have been filed. Go to http://www.osceolaclerk.com/ and scroll down to "Public Access to Court Records" and click that link. You can type in your information to find out what is going on in your case. But make sure you use Firefox as many internet browsers do not work on the Osceola clerk site.

Don Waggoner

One, you can keep up with the Osceola Clerk's website, where they will note anything that happens to your case. Two, your bondsman or PTR will notify you that you have to be in court for an arraignment. Three, you can, and probably should, find a way to hire an attorney who will help you through the process.

Kevin Francis Guyette

You may qualify for the services of the public defender. You have rights; included among them is the right to remain silent: USE IT. You have a right to counsel: TAKE ADVANTAGE OF IT.

Arrest Reports and Criminal Charges

• After an arrest, the police report goes to a prosecutor whose job it is to initiate cases. An arrest report summarizes the events leading up to the arrest and provides numerous details, such as dates, times, locations, and witness names. The prosecutor will typically: 1. determine that the case should be charged and file a "complaint" (the charging documentmay go by a different nam…

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How Grand Juries Work

Getting A Lawyer

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Criminal Penalties

Civil Penalties

Lawsuits and Financial Liability

How to Avoid The Consequences of Notary Misconduct