FAQs Criminal Law
Q: An officer is calling and asking to talk to me about an incident I may have been involved in. Should I return the call?
A: No. There is nothing to gain by talking to the officer, and everything to lose. The officer will tape the conversation with you. That tape will be used against you in court. If you find yourself in this position, call your attorney right away.
Q: Something happened with another person. Now that person is calling me and asking me questions, or confronting me about the incident. Should I be worried?
A: Stop! Do NOT talk to that person. Many times officers use what they call "pretext phone calls". They have a victim call the "bad guy" and have the "bad guy" make statements about what happened. This telephone call is taped by the officers, and is used in court against you. If you think you may have done something wrong, call an attorney right away. Do not talk to ANYONE about what happened other than an attorney.
Q: I am undergoing chemotherapy for cancer. I get sick all the time. Someone told me that I can smoke marijuana to relieve the nausea. Is it legal?
A: Only if you get your physician to recommend that you use marijuana. You have to do this before you possess or use marijuana. To get full details, contact your physician or an attorney.
Q: I have a recommendation to use marijuana. Are there any restrictions on my use or possession?
A: Yes. Number one: Do not use marijuana and drive. This will lead to an arrest for Driving Under the Influence. Number two: Do not possess more than you can use. Having a recommendation is not a license to possess an unlimited amount (or to sell your excess). The law only allows you to possess what you need for your own personal use. If you are uncertain, contact an attorney. Number three: You cannot smoke in a place where smoking is prohibited; within 1000 of a school, youth center or recreation center; on a schoolbus, in a motor vehicle which is being operated, or while operating a boat. There are some other minor restrictions. It is best to talk to your attorney before you get yourself in trouble.
Q: Can I grow marijuana for my friend, who has a recommendation?
A: In order to grow, you must qualify as the caregiver for that patient. That means that you have to have been designated by the patient as the caregiver and have consistently assumed responsibility for the housing, health, or safety of that person. See an attorney before you try to become a caregiver.
Q: The police reports do not show what really happened. Can I still fight this case?
A: Yes. Remember, the officers are human too and sometimes are mistaken about what they were told. They confuse things as they write their reports, sometimes days later, from memory or notes scribbled while a bunch of people are talking. That is what attorneys are for: getting to the bottom of things and helping you get the best possible result. See an attorney right away to evaluate your case and see what they can do for you.
Q: What can an attorney do for me? Can't I fight this case on my own?
A: You can also operate on yourself, but why would you? Get a professional to do what they are trained to do. They know what plea to enter; what punishment, if any, is reasonable; when to bring a suppression motion to throw out the evidence; how to pick a jury; how to cross-examine a witness so that it does not hurt your case; when to call you as a witness; and many other aspects of a case that you may not think about. It is better to spend some money and know you got the best result rather than to try to represent yourself and end up in jail. As the old adage goes: A person who represents themselves has a fool for a lawyer.
Q: Should I wait to see if the District Attorney files charges before contacting a lawyer?
A: No! In some cases, that can work against you. For instance, if you wait after being arrested for Driving While Under the Influence, you can forfeit your right to fight the suspension of your driving privilege. For a first-time DUI arrest, that suspension can be up to six months.
What does it mean to prove guilt "beyond a reasonable doubt?"
What does it mean to prove guilt "beyond a reasonable doubt?"
The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
If I'm accused of a crime, am I guaranteed a trial by a jury?
Yes. The U.S. Constitution gives a person accused of a crime the right to be tried by a jury. This right has long been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. (In most states, a lack of unanimity is called a "hung jury" and the defendant will go free unless the prosecutor decides to retry the case. In Oregon and Louisiana, however, juries may convict or acquit on a vote of ten to two.) The potential jurors must be selected randomly from the community, and the actual jury must be selected by a process which allows the judge and lawyers to screen out biased jurors. In addition, a lawyer may eliminate several potential jurors simply because he feels that these people would not be sympathetic to his side-but these decisions may not be based on the juror's personal characteristics, such as race, sex, religion or national origin.
Can a jury acquit me even if I broke the law?
The jury has the ultimate power to decide whether a person is guilty of a crime. As the "conscience of the community," jurors can free a defendant even if they think the defendant actually committed the crime charged. The name for this power is "jury nullification." It has always been a part of our judicial system.
When jurors nullify a law by acquitting a defendant who has obviously broken that law, judges and prosecutors can do nothing about it. A jury's not guilty verdict is final. Jury nullification rarely occurs, but when it does, it most often involves cases that have a political component (such as the refusal to convict draft dodgers during the Vietnam War) or that have harsh punishments the jury does not want to impose on that particular defendant.
Copyright 2005 Nolo
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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