Most states limit the amount of time they give police and prosecutors to file a criminal charge against someone suspected of committing a crime. The reason this is to prevent law enforcement agencies and prosecutors from delaying the filing of charges in order to place the defense attorney representing the accused at a disadvantage.
This post is meant only as an overview of the subject of criminal attempt, is not a comprehensive examination of the topic. It does not, for example, address issues such as the question of impossibility as a defense against a charge of attempted criminal activity. Anyone facing an accusation of attempting to commit a crime should retain legal defense counsel experienced with criminal defense cases without delay.
A drone hovering over a Kentucky backyard was no match for the homeowner’s shotgun. The 47-year-old waited until the drone and its attached camera were hovering directly over his swimming pool deck where his 16-year-old daughter was sunbathing before he fired and brought the mechanical intruder to the ground.
Every baseball player would like to hit a home run every time he steps up to the plate. But we all know that in the real world the chances of that happening are nil. Similarly, every person charged with a crime wants to be acquitted, and every criminal defense attorney wishes that he or she could always deliver on that desire, but in the real world there are going to be times when being found not guilty of all charges is simply not going to happen.
"I could never do criminal defense law." You can hear a lot of attorneys saying that, the insinuation being that those who have been accused of crimes are guilty until proven innocent, or not worth defending, or both. Even some criminal defense lawyers do not seem to put their hearts into what they are doing; they just go through the motions of defending you, but will do little more than to put in the minimum effort required to avoid an accusation of "ineffective representation by counsel."
Seasoned criminal defense attorneys learn that ensuring that a person accused of a crime gets a fair criminal trial with an impartial jury panel may call for fighting against more than just the prosecutors. Sometimes, as in a Kentucky case that involves allegations of illegal bourbon and steroids, keeping evidence under wraps and away from the press might pit the rights of the accused against freedom of the press.
When police gather evidence for a trial, there is a certain way they must do it; otherwise, the entire case could be thrown out. A Bowling Green resident is currently facing criminal charges for second-degree manslaughter and drunk driving after a deadly car crash. His criminal defense lawyer is claiming that, since the officers sidestepped getting a warrant for a sample of his blood, the evidence should be inadmissible. And under U.S. and Kentucky law, that may just be the correct call.
A grand jury in Ohio plays an important investigative role in felony cases commenced in Franklin County and in other counties throughout the state. Grand jurors hear evidence presented to them by a prosecutor, but their role is not to decide the guilt or innocence of the accused. Instead, grand jurors determine if there is probable cause to file a felony criminal charge against someone.
The key to the successful prosecution of a criminal charge is usually the evidence gathered by the police to prove the allegations against the accused individual at the criminal trial. The strength of the evidence also plays a role in any plea negotiation as the criminal defense attorney tries to win a reduction from prosecutors of the charges against his or her client.
Most people know the so-called Miranda warnings by heart just from having heard them recited in countless television police dramas and motion pictures. Unfortunately, there are equally as many people who do not understand the circumstances under which real-life police encounters with civilians require the giving of the warnings.