Francesca's Law

"Inaction can be every bit as abusive of power as action." -Justice Brennan vocalizing minority dissent on DeShankey vs. Winnebago County decision which set the standard for law enforcement having no affirmative obligation to act. Justice cannot be confused with tyranny. The law of checks and balances must still apply.

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Legal Abuse Syndrome

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The word mandatory unto itself implies a lack of human judgement.

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Years of experience teaches me that often what matters most to victims is not the label of a “criminal conviction” for perpetrators – and not a jail sentence. Victims are overwhelmingly insightful and realistic. They seek above all validation for their suffering. And beyond that they want modest redress, and some effort to show the perpetrator how hurtful their behaviour has been. These ends, that best serve victims’ real needs, can often be achieved with a civil law suit, not a criminal prosecution.

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Charlotte Laws - best and most compelling anti-revenge porn legislation online.

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Grand Jury Indictment Proceedings: An Overview

Steve Thompson, Yahoo Contributor Network Sep 27, 2006 "Share your voice on Yahoo websites. Start Here."

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Most people know what happens during a criminal trial, but very few understand what happens during grand jury indictment proceedings. The purpose of a grand jury is to decide whether or not to indict a suspect for the charges that the prosecution wants to bring.

Grand juries are "secret" proceedings during which witnesses can give testimony without the presence of the suspect or his defense attorney. It is more informal than a trial, and witnesses are allowed to tell "stories" or give long explanations rather than simply answering the prosecutor's questions.

First, the prosecutor will give an opening statement to the grand jury and give reasons why he or she feels there is sufficient evidence to indict. The grand jury will be given a "bill", which details the charges against the suspect, and will explain any extenuating circumstances that give him or her reason to request an indictment.

Usually, prosecutors present only the minimum amount of evidence to secure an indictment. Since the defense attorney will have access to the grand jury transcript after an indictment has been returned, the prosecutor will not want to show his or her "full hand" until a trial date has been set. In most cases, evidence presented before a grand jury consists of testimony from witnesses and, in some cases, expert witnesses.

Before the grand jury indictment proceedings begin, the prosecutor will have notified all witnesses who must appear. Witnesses who fear that they might be under investigation have the right to refuse any questions the prosecutor asks. However, most prosecutors are smart enough to call only witnesses who can truly help their cause for indictment.

Although the suspect and his or her defense attorney will not be present while the prosecutor delivers evidence, he or she can claim the right to testify in front of the grand jury. This is usually not favorable for the defense, but if they believe that the suspect can inspire sympathy from the grand jury, they may decide that it is a viable option.

The suspect will give his or her account of what happened leading up to the crime, and will give reasons why he or she should not be indicted. The defense attorney is not allowed in the grand jury during this testimony, but the suspect can leave the grand jury room at any time to request the counsel of an attorney. Once the testimony has been given, the prosecutor can cross-examine the suspect to try and refute his or her statements.

The grand jury is given as much time as they need to indict, and when they have concluded their discussion, they will return a "true bill" or a "no-bill". A true bill means that the grand jury has recommended indictment, while a no-bill means that they do not feel that there is sufficient evidence to indict.

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Strauss-Kahn lawyer hires private investigators

IMF - Dominique Strauss-Kahn's lawyer has hired a team of private detectives to help build the former IMF boss’s defence case

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Felony Procedure - Arrest, Grand Jury Indictment, Plea Bargaining, Etc.

FELONY CASESStepExplanationTime RangeArrestYou may be arrested prior to a Grand Jury being held or after a Grand Jury has made its finding.   Either way, you may or may not want to testify at a Grand Jury or to waive a Grand Jury.   This is something to address with your lawyer.  After your arrest you will either be taken into custody and held for arraignment or issued a Desk Appearance Ticket (DAT) telling you when and where to appear for arraignment.Anytime within the Statute of LimitationsArraignmentArraignments take place between 9 am and 1 am at the criminal courthouse at 215 E 161st St, Bronx, NY 10451.   At the arraignment you will be told what the charges against you are and given certain notices about whether the prosecution intends to use statements made by you, release any property which might be used as evidence, whether there will be a Grand Jury and whether there was a witness identification.   The Judge will also set bail at the arraignment.   It is absolutely essential that you have a lawyer at your arraignment.   You can either hire a private lawyer or use the court appointed lawyer for your arraignment.   It is customary for your lawyer to "waive the reading" of the formal charges, and your lawyer may advise you to waive a Grand Jury or extend the time to hold the Grand Jury.0-36 hours after arrestPreliminary HearingThe prosecutor can elect to have a Preliminary Hearing or go straight to Grand Jury if you have not waived these at your arraignment.   It is rare that a prosecutor will use a Preliminary Hearing rather than a Grand Jury.   Usually it would mean that the prosecutor feels that she/he has a strong case and wants to use the hearing to convince you to take a plea bargain.   Even if the judge finds there is no probable cause to continue with the felony charge, the prosecutor can still present the case to a Grand Jury and get an indictment.5-6 days after the arraingmentGrand JuryIf you are arrested before a Grand Jury proceeding, you will have the option to waive a Grand Jury at your arraignment.   Although most defendants waive the Grand Jury, this is a serious decision that should be discussed with your lawyer.   If not waived, your lawyer will usually preserve your right to testify at the Grand Jury and then you can make the decision to testify or not.   The Grand Jury is a very one sided presentation of the case by the prosecution which usually results in an indictment of at least some charge.   If the Grand Jury does not indict you, the charges against you will be dismissed.within 6 days of the arraignment if not waived or extendedArraignment on IndictmentPretty much the same as the original arraignment except the charges will be those handed down by the Grand Jury in the indictment.  0-36 hours after the indictment by the Grand JuryMotions/HearingsBefore your case goes to trial there are likely to be one or more motions and/or hearings.   Most of these will be on evidence issues such as not allowing (surpressing) witnesses or evidence obtained in violation of your Constitutional rights.   Other motions may attempt to dismiss your case on grounds such as failing to provide a speedy trial.   These motions and hearings can delay your case for quite some time.3 months to 2 yearsTrialIn all felony cases you have a right to a trail by jury.  There are times, however, that your lawyer may suggest that you waive your right to a jury trial and take a trial by a judge alone.  A non-jury trial can take as little as one day.   A jury trial will typically take from 4 days to 2 weeks depending on the number of witnesses and legal issues involved.   Very complex cases can take months.1-14 daysPre-Sentence InvestigationFor felony convictions there must be a thorough pre-sentence investigation.  The pre-sentence report will include the details of the crime, your criminal, social, employement, education and family history, in some cases a medical or psychological examination and Victim Impact Statements in most cases.   This information must be provided to the judge before sentencing can take place.   If it appears that the sentence will be for a term of probation, the judge can adjourn the sentencing for up to a year and place you on probation supervision before sentencing, if everyone agrees.1 to 12 months after convictionSentencingYour formal sentencing will take place after the pre-sentence investigation takes place.   You may be held in custody, placed on probation or given bail pending sentencing.1 to 12 months after conviction- See more at: http://bronxlawguide.com/criminal9.html#sthash.8gmSHrS9.dpuf