Rights of the Defendants

 

A defendant is a person, company, or some institution accused in a court of law. The civil or criminal case is filed against the defendant, and the accused can seek relief from the court by appointing an advocate to fight in favor of him. As said by Attorney Miya Griggs, the term defendant differs from one legal system to another. In Scotland, the word accused or panel is used in criminal proceedings and defender in civil cases. The accused, in case of criminal offenses, have many constitutional rights. Essential Protection right is one of them. The crime has to be proved substantially by the prosecutor against the defendant. The right to remain silent is another right enjoyed by the defendant by virtue of which he cannot be asked to call a witness, unlike in civil cases.

Right to confront witnesses:

According to the sixth amendment in the constitution, there is a confrontation clause that allows the accused to face the witnesses by cross-questioning them.

The prosecutor cannot prove the accused guilty on rumors, both written or oral, without shreds of evidence as per the sixth amendment except the judge gives verdict on the statements made do not require any proof or demanding information about the crime of same nature in the past gathered by the police officials.

Right to a Public Trial:

The accused is tried in the court of law in the presence of the defendant’s family, relatives, localities, and the press, which ensures fair trial, as said by Attorney Miya Griggs.

Right to a jury trial:

According to the sixth amendment in the American constitution, it allows the defendant to be tried by a jury except for minor cases, which results in the imprisonment of a maximum of six months. There should not be a hung verdict I,e the judgment must be unanimous to held the accused responsible for the crime. According to Attorney Miya Griggs, the selection of jury members is either their random selection or chosen by the lawyers and judges from the number of aspirants who are not partial.

Right to a speedy trial:

The accused has a right to demand a speedy trial decided by the judge on its merit as per the sixth amendment.

Right to be represented by an Attorney:

The defendant has the right to demand for a lawyer who could represent on his behalf at the government’s expense to defend him in case he does not afford.

Right to adequate representation:

The accused has the right to either hire his personal lawyer or an advocate appointed by the government to defend his case, which is best for him.

Right not to be placed in double jeopardy:

The person cannot be tried for the case more than once for the same offense, which is unlawful.

The accused may be tried for the crime in both federal and state court for the same act in rare cases, which is against double jeopardy. The defendant is protected from being tried for more than one criminal prosecution arising from the same act as per the clause of double jeopardy.

Originally Posted:- https://attorneymiyagriggs.wordpress.com/2020/08/19/rights-of-the-defendants/

Civil Law Suit

 

A civil lawsuit is a court proceeding on the complainant of one person against another in the civil court. The old term ” suit in law” is very seldom used nowadays. The lawsuit is defined as a petition filed by the complainant called the plaintiff, pleading for the legal redressal of the damages caused by the accused or defendant. The accused is supposed to answer the queries of the lawyer of the plaintiff in the court of law. The honorable judge gives the judgment in favor of the complainant only on the merits of the arguments, thus compensating him for all the damages.

According to Attorney Miya Griggs, all disputed actions between the two persons, business houses, or non-profit institutions resolved in the court of law are called lawsuits. The government is often referred to as a party in a civil case as a plaintiff or defendant.

Litigation is a process of taking legal action. Both parties fight for justice, and ultimately it is the way of empowering human rights of protection. Litigants comprise the complainant, and the accused and the various advocates fighting for both plaintiff and the defendant are termed, litigators.

The court process in which one individual holds another responsible for some wrongdoing is termed civil lawsuit.

Any property dispute, various contract disputes, car accidents, and many other petty disputes come under the civil lawsuit. Every country has its own law and order and the citizens abide by the rules and follow the same for maintaining the law and order in the society.

The plaintiff is awarded monetarily in a civil case, whereas the accused is punished in a criminal case; this is how the system works according to Attorney Miya Griggs. The rules under the civil and criminal cases are different— but the purpose is same, all this focus on empowering human rights and impart justice. Any individual can fill civil Suit, whereas the criminal case is brought by government officials or some person against the accused who has committed some crime. All wrongful acts and contractual disputes that cause damage monetarily or otherwise are dealt in civil court. Civil cases are filed in the court in the form of application. The application contains all the requisite details of the case. Certain rules of civil laws govern civil lawsuits. Your application should describe the whole actions according to the rules of civil procedure. There are small claims courts that are meant for settling claims up to 35000 dollars. As mentioned by Attorney Miya Griggs, Special courts hear cases involving family disputes, property matters, and complaints against the lawyer or judge. However, divorce and child custody cases are criminal offenses and are treated under in criminal cases category.

Originally Posted:-https://attorneymiyagriggs.wordpress.com/2020/08/13/civil-law-suit/

What According To You Is Theft?

According to section one of the 1968 Act, theft is a crime of stealing property owned by someone else to snatch the owners right. There is a detailed description of theft in the section two and six of the 1968 Act. Intruding in somebody’s house with the intention of stealing rendering some loss to the owner. The theft committed in someone’s house for stealing his personal belongings is known as Larceny says Attorney Miya Griggs.

The act of stealing is a crime, and the thief is tried under the rule of law who is fined similar to the stolen amount, the fine depends upon the quantum of theft. The thief can be imprisoned. The duration of the imprisonment which may be increased or decreased depending upon the severity of the crime. The stolen amount is recovered from the thief and given back to the owner.

Usually, police officers and lawyers do not register first information reports based on suspicion. Although, lawyers fight cases in the court in their way. The culprit can be convicted if there is enough evidence against him.

A person can be arrested for a crime if the police have probable cause that a crime has been committed. A prosecutor can only file a formal charge if there is proof beyond a reasonable doubt that the crime was committed. The testimony of a victim is evidence if believed by the police and prosecutor.

Types of Theft

Robbery

The crime in which a victim is threatened, and there is violence involved to get the property is generally termed as robbery. Miya Griggs says that the victim is charged with heavy fines than regular cases of Larceny because the threat is involved in the crime.

Armed robbery

When the culprit commits a crime with the help of a weapon, I.e. by using a knife or gun, is known as armed robbery. This kind of crime in which evidence is used is a serious crime and carries harsh punishment. A victim is imprisoned for three to nine years in California if a person is involved in the armed robbery.

Embezzlement

The stealing of money or property by a person who is the caretaker is called Embezzlement. This type of crime is committed by those people who work in corporate sector.

Fraud

When the culprit tries to convince the victim by telling lies in order to get his money or property is called Fraud. It is also known as white-collar crime, and there is no violence involved.

Writing bad checks

Dishonoring of a cheque is a punishable offense. When a person intentionally issues a cheque from an account which has not sufficient balance with a motive to deceive the recipient says Attorney Miya Griggs.

Car theft

When planning is made to steal a motor vehicle, it is termed as Car theft. Motor vehicles can be automobiles, all sorts of trucks and buses, motorcycles, scooters, trailers, and all other motorized vehicles.

Originally Posted: https://attorneymiyagriggs.wordpress.com/2020/04/17/what-according-to-you-is-theft/