Stanfield DUI-DWI Lawyer, Oregon
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210 E Main St, Hermiston, OR 97838
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LEGAL TERMS
NOLLE PROSEQUI
Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)
Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'
BOOKING
A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed beh... (more...)
A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed behind bars. Nowadays, the book is likely to be a computer. Usually, a mug shot and fingerprints are taken, and the arrestee's clothing and personal effects are inventoried and stored.
IMPRISON
To put a person in prison or jail or otherwise confine him as punishment for committing a crime.
GREEN CARD
The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)
The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.
CORPUS DELECTI
Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.
CONSTABLE
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.
MENS REA
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.
PRESUMPTION OF INNOCENCE
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.
CAPITAL CASE
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.
SAMPLE LEGAL CASES
State v. Kruse
184 P.3d 1182 (2008). 220 Or. App. 38. STATE of Oregon, Plaintiff-Respondent, v. Jay Lynn
KRUSE, Defendant-Appellant. D055973M, D060612T, A132038 (Control), A132039. Court of
Appeals of Oregon. Submitted January 4, 2008. Decided May 14, 2008. ...
State v. Machuca
227 P.3d 729 (2010). 347 Or. 644. STATE of Oregon, Petitioner on Review, v. Thomas Gregory
MACHUCA, Respondent on Review. (CC 050647097; CA A133362; SC S057910). Supreme
Court of Oregon, En Banc. Argued and Submitted December 16, 2009. ...
Prior v. Department of Revenue
... [2]. In her Complaint, Plaintiff asserts that the Department is in error in withholding the tax refund
to pay for her "husband's DUI[,] [because] I have be[en] separated from him for 6 y[ea]rs and have
nothing to do with his affairs or finances." [3] (Ptf's Compl at 1, Sec. ...
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