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When there is a taser malfunction, what happens and what are different types of taser malfunctions? A taser malfunction can happen in two ways: First, the taser can fail to charge, so the officer believes that he is about to taser someone, but when they fire…
What do I have to show to be successful in Malicious Prosecution in 42 USC 1983 Cases? In these cases, the following elements must all be proved by the Plaintiff: Prosecution for a criminal offense Instigated without probable cause With malice Under a valid warrant, accusation,…
My lawyer told me that we can fight my case, but the DA has a strong case based on circumstantial evidence. What does this mean? Circumstantial evidence means facts are being presented and the person hearing those facts is asked to combine those facts to form or…
What is a C Plea in federal court. I don’t understand. A C Plea is just a negotiated guilty plea. Normally there are three types of guilty pleas in criminal law. A negotiated plea is where the parties agree on the sentence before the judge gets…
What is the safety valve? How do I get it? Do I want it? In federal court there are many various mandatory minimums. Generally speaking, mandatory minimums are bad things. A mandatory minimum prevents judges from doing what they think is right. Often times, the prosecutor’s…
Can you explain how people are prosecuted on cases where they receive drugs in the mail? These are tricky cases. Most of the cases where people receive drugs in the mail, the feds are involved. If the FBI or the postal inspectors are involved it means there is…
Is there such a thing as a religious crime? I thought we had a First Amendment right to freedom of religion. How can there be a religious crime? The answer depends on the act of the accused. Peaceful Protests Societally we do allow religious protests, rallies,…
What are my potential remedies in my Philadelphia police brutality case? Remedies in my Police Brutality Case I was assaulted by the police and I have a substantial injury. I want to sue the police for violation of my civil rights, but before I do that,…
Is Pennsylvania’s School Zone Enhancement illegal under Alleyne v. United States, 133 S.Ct. 2151 (2013)? School Zone Enhancement The Pennsylvania School Zone Enhancement kicks in when someone is conviction of Possession with the Intent to Deliver (PWID) within 1000 of the real property of a public, private…
At my rape preliminary hearing, the judge did not allow my attorney to ask any questions regarding the physical injury, if DNA was recovered, or the prompt complaint. Why was my lawyer not allowed to ask questions on these topics? These issues are what show my…