Blog Posts in November, 2015

  • What is a Motion to Dismiss?

    || 23-Nov-2015

    A motion to dismiss is a formal request for a court to “throw out” a case, due to procedural issues. Generally, a legal document filed by the defendant once the plaintiff files a complaint, a defendant is able to file a motion to dismiss as opposed to filing an answer. Although the defendant didn’t file an answer which clearly denies the allegations in the complaint, most courts ...
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  • How Is DNA Evidence Used in a Criminal Trial?

    || 16-Nov-2015

    Using DNA as evidence is commonplace in trials, as the technology improves, simplifying the investigative process. In fact, using DNA as evidence is a prime example of how cases are handled differently, even from a few years prior. It is the reason some cases can be resolved many dozens of years later on down the line. Either to convict a person or, in many cases, prove innocence and absolve ...
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  • Are Virginia Laws Harsh on First-Time Offenders?

    || 13-Nov-2015

    Many people believe that first-time offenders are given more leniency and lighter sentencing because of a clean record. Many factors influence the judicial system and the outcome of a case. From the nature of the crime to the location of the venue, Virginia laws respond to the sentence in a variety of ways. Under the Virginia Code a first-time offender may be eligible to complete their terms of ...
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  • How the Court Determines the Bail Amount

    || 11-Nov-2015

    If your loved one was recently arrested, or if you’re new to the criminal process, you may be wondering how judges set bail, and it’s understandable why. Ordinarily, judges will set bail at a suspect’s first court appearance following their arrest, which happens at the arraignment or the bail hearing. Generally, judges adhere to a standard procedure, for example, setting a bail ...
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  • How Prosecutors Decide Which Charges to File

    || 2-Nov-2015

    Criminal arrests and prosecutions are distinct from one another primarily for protecting citizens from the arbitrary use of law enforcement’s power. Generally, well-meaning officers make arrests when they feel they have probable cause to believe that someone has committed a crime. However, not all arrests lead to convictions or even formal charges. While the police have their place in ...
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