Letter on Court Process Advice Essay.
|Type of service:||Writing from scratch|
|Deadline for submission on editing:||(11h)|
|Academic level:||College (3-4 years: Junior, Senior)|
|Subject or discipline:||Criminal Justice|
|Title:||Letter to Friend Explaining Court Processes|
|Number of sources:||3|
|Provide digital sources used:||No|
|# of pages:||3|
|# of words:||825|
|# of slides:||ppt icon 0|
|# of charts:||0|
|Letter to Friend Explaining Court Processes You receive the following letter from a former friend: Dear Friend, I find myself in quite a predicament due to my own misfortune and bad judgment. My 6-year-old son and I were recently left homeless after I was laid off from my job and my house was taken by the bank. I enrolled my son in a nearby elementary school when school started in the fall. I used the address where I lived last, because I don’t have a current address. The school district discovered that I wasn’t living at that address and charged me with fraud. I was arrested yesterday and haven’t yet been to court. My son was placed in the care of protective services. I just want to get out of jail as soon as possible to reunite with my son. I have some questions, and I was hoping you could do some research to find the answers for me. • The police never read me my Miranda warnings. Will my case be dismissed as a result? • The police also haven’t questioned me yet. Should I agree to talk to them, if asked? • Is this considered a state or federal offense? • Will this be charged as a misdemeanor or a felony? • Do you think I really need an attorney? After all, I am guilty, and I can’t afford one. • I also don’t have any money for bail. Are there any options that would allow me to be released from custody prior to trial and that would not require money? • How do I get to see the police reports? • What is the difference between the grand jury hearing and a preliminary hearing? Which would be better in my case? • Do you think that I should just plead guilty so I can get this over with and reunite with my son? Why or why not? • Who decides if I’m guilty: the prosecutor, judge, or jury? • What happens if I am found guilty? What type of sentence do you think I’ll receive? Why do you think I’ll receive that sentence? • What are my options if I don’t agree with the verdict or the sentence? Write a 700- to 1,050-word letter to your friend answering your friend’s questions. Cite and reference the assigned text and at least one other scholarly and reliable source in your letter. Do not use dictionaries or encyclopedias as source material for this assignment. Format your letter consistent with APA guidelines. The use of first person (I, we) and second person (you) is appropriate for this assignment.|
Letter on Court Process Advice
Court Processes Guidance
Hello friend, it is so sad to learn of your misfortune and the concern about your legal ambiguity. It is so uncertain that a lot has happened to you within such a short window. I will work through my legal understanding of your case and guide you accordingly to ensure that you very well understand your position as well as the possible implications. In my position, I would be more than excited to see to it that you do not land on the wrong side concerning legal proposition. Kindly be attentive to my guiding as it would profoundly impact the course of your fraud charge.
First, the consideration that the police did not read your Miranda warning does not offer much of a lifeline as they are exempt in some special cases. In this event, you are being brought into custody while investigations do not directly involve interrogation (Cohen, 2009). Moreover, the prosecution cannot use any information you said if the Police did not read your Miranda warning. A third party reports the crime (the school) hence the police will rely on their evidence to pursue legal proceedings (Lipman, 2009). It is not possible to dismiss the case on the grounds of the lack of Miranda warnings. Furthermore, the police have not questioned you since the case is not a typical criminal charge but rather instigated by a private citizen. It is harmless to talk to the police to state your position regarding the allegations brought forward.
The scope of the case falls within the jurisdiction of states court and is treated as a state offense. As a state offense, the wrong is within states’ boundary where the elementary school is treated as a victim. The charge would be best described as a misdemeanor as it involves the provision of slightly misguiding information (Cohen, 2009). Nevertheless, the implication of the misinformation is not fatal in any manner hence falling within the jurisdiction of a misdemeanor. With that in mind, it is most probable that the resulting punishment does not exceed a jail term of one year if the judgment is made against your favor.
It is appropriate to have an attorney who could legally help you out of the charges. It is no worry that you cannot afford an attorney as the state should provide an attorney for you. Since the case involves criminal proceeding, it is a requirement that the state appoints an attorney to represent you in the court (Lipman, 2009). Despite the individual perception of being guilty, it is still within course that the information you provided was not in any manner intended to commit fraud (Goldberg, Sebok, & Zipursky, 2006). It is, therefore, to seek the services of an attorney to help you clear your name where even though the case involves intentional misinformation, the intent, and the circumstances do not hold up for a fraudulent act.
A state attorney will represent you during the case, and there is a huge possibility that you are not found guilty of any crime. In addition, as it stands you are innocent until you are proven guilty. Considerably, the charges of fraud in this situation do not warrant a bail to be released as it is possible to get you out and the case proceeding goes on without having you in custody (Cohen, 2009). The charges of a misdemeanor can be handled while the wrongdoer is not in custody for as long as they make their appearance during the hearing. It is very likely you will get to be reunited with your son where with the help of your attorney, you convince the judge of your cooperation with the court process.
The presence of an attorney is crucial to get through the court process and eventually get a just ruling. Moreover, the attorney is in a position to request the police reports concerning your case whereby he/she will inform you of how to handle it. The attorney also will advise you on how to proceed and make an assessment of the course of the case regarding how it might turn out (Cohen, 2009). There are also some notable differences between a preliminary and grand jury hearing which could be crucial to this case. The preliminary hearing involves lawyers and a judge to ascertain if enough evidence exists while a grand jury hearing consists of a trial hearing.
In this case, a preliminary hearing would be a better option as it would help avoid an unnecessary trial or grand jury hearing. A preliminary hearing will facilitate the assessment of the weight of the evidence to ascertain if it is worth it a trial or not (Cohen, 2009). Furthermore, pleading guilty is not an option in this situation since it was not your intention nor purpose to deceive the school about your address. The reunion with your son will take place sooner than later but to plead guilty would only make the matter worse. In the event that the preliminary hearing finds enough evidence to warrant a trial, the jury determines whether you are guilty or not.
Lastly, it possible that after the preliminary hearing and grand jury hearing, you will be found guilty of the fraud charge. The most likely sentence would be a jail term not exceeding one year or some other form of punishment as the judge would find appropriate (Lipman, 2009). The nature of the criminal charge is not fatal and thus attracts the treatment of a misdemeanor where the sentence is equal or less than a year. In the case, if you find the sentence unfavorable, it is always appropriate to appeal the ruling at a higher court where a reconsideration would be given (Goldberg, Sebok, & Zipursky, 2006). I wish you all the best with your case and am hopeful my guidance will be helpful.
Cohen, M. K. (2009). US Department of Justice. Washington, DC.
Goldberg, J. C., Sebok, A. J., & Zipursky, B. C. (2006). The Place of Reliance on Fraud. Ariz. L. Rev., 48, 1001.
Lipman, A. H. (2009). Corporate Criminal Liability. Am. Crim. L. Rev., 46, 359.