Karan Maurya的动态

Charge Framing in Criminal law. Charge framing is a crucial stage in a criminal trial under the BNSS 2023. Here's an overview: *Stage of Charge Framing* Charge framing typically occurs after the completion of the investigation, filing of the charge sheet, and the committal of the case to the court. *Purpose of Charge Framing* The primary purpose of charge framing is to inform the accused of the specific offense(s) they are alleged to have committed and to provide them with an opportunity to respond to the charges. *Procedure for Charge Framing* 1. *Reading of Charges*: The court reads out the charges to the accused, explaining the offense(s) they are alleged to have committed. 2. *Explanation of Charges*: The court explains the charges to the accused, ensuring they understand the nature of the offense(s). 3. *Accused's Response*: The accused is given an opportunity to respond to the charges, either by pleading guilty or not guilty. 4. *Framing of Charges*: If the accused pleads not guilty, the court frames the charges, specifying the offense(s) and the relevant sections of the law. *Essentials of Charge Framing* 1. *Specificity*: Charges must be specific, clear, and unambiguous. 2. *Accuracy*: Charges must accurately reflect the offense(s) alleged. 3. *Completeness*: Charges must include all essential ingredients of the offense(s). *Consequences of Charge Framing* 1. *Commencement of Trial*: Charge framing marks the beginning of the trial. 2. *Accused's Defense*: The accused must prepare their defense in response to the framed charges. 3. *Prosecution's Case*: The prosecution must present its case, providing evidence to support the framed charges. By following the prescribed procedure and essentials, the court ensures that the accused is informed of the charges against them and has a fair opportunity to respond. Below chart is related to Crpc connect according to BNSS. #bnss #crpc #law #advocate #supremecourt #highcourt #legal #lawyer #charge

Criminal Law & Procedure: Jury Rights in Supervised Release Revocation Proceedings. On June 17, 2024, the U.S. Court of Appeals for the Seventh Circuit affirmed a ruling of the district court that supervised release revocation proceedings under 18 U.S.C. § 3583(e)(3) (https://lnkd.in/eQSTbCxm) do not constitute proceedings guaranteed by the U.S. Constitution to be heard by a jury. Ahead of a court hearing on revoking his supervised release, the defendant moved for a trial by jury under Article III, Section 2 (https://lnkd.in/e4cFQNW4) of the Constitution and the Sixth Amendment (https://lnkd.in/eC4F97EK), which the district court denied. The district court then presided over the hearing without a jury and, upon concluding the defendant was guilty of several violations, exercised its discretion to revoke his supervised release. The Seventh Circuit agreed with the district court’s denial of the defendant’s motion for a jury trial, ruling that these types of revocation proceedings do not amount to a "trial of [a] crime" or a "criminal prosecution" for which a defendant is afforded jury rights under the Constitution (United States v. Carpenter, No. 23-3295 (7th Cir. Jun. 17, 2024)). #AppellateLinkedIn #ConstitutionalLaw #CriminalLaw

Criminal Law & Procedure: Jury Rights in Supervised Release Revocation Proceedings. On June 17, 2024, the U.S. Court of Appeals for the Seventh Circuit affirmed a ruling of the district court that supervised release revocation proceedings under 18 U.S.C. § 3583(e)(3) (https://lnkd.in/eQSTbCxm) do not constitute proceedings guaranteed by the U.S. Constitution to be heard by a jury. Ahead of a court hearing on revoking his supervised release, the defendant moved for a trial by jury under Article III, Section 2 (https://lnkd.in/e4cFQNW4) of the Constitution and the Sixth Amendment (https://lnkd.in/eC4F97EK), which the district court denied. The district court then presided over the hearing without a jury and, upon concluding the defendant was guilty of several violations, exercised its discretion to revoke his supervised release. The Seventh Circuit agreed with the district court’s denial of the defendant’s motion for a jury trial, ruling that these types of revocation proceedings do not amount to a "trial of [a] crime" or a "criminal prosecution" for which a defendant is afforded jury rights under the Constitution (United States v. Carpenter, No. 23-3295 (7th Cir. Jun. 17, 2024)). #AppellateLinkedIn #ConstitutionalLaw #CriminalLaw

Our latest Benchmark Report revealed that criminal law cases tallied up 61,241 individual expenses in 2023. Each expense in criminal law, whether it's for court fees or investigations, plays an important role in determining the resources required for each case. It's also important to know that these expenses can vary widely across different practice areas, reflecting the unique challenges and complexities of each legal specialty. See how criminal law ranks in comparison to other practice areas in the full Benchmark report here: https://bit.ly/3UOdeBs *Data sourced from the 2024 Benchmark Report, surveying firms who use LawPay & MyCase.* #GreatnessWins

The principle "He who alleges must prove" is a fundamental concept in law, particularly in civil and criminal proceedings. It is also known as the "onus of proof" or "burden of proof." This principle states that the person making a claim or allegation (the plaintiff or prosecution) has the responsibility to provide sufficient evidence to prove their claim. In other words, the burden of proof lies with the person who asserts or alleges something, not with the person who denies it (the defendant). For example, in a criminal trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt, rather than the defendant having to prove their innocence. Similarly, in civil cases, the plaintiff must provide evidence to support their claims, rather than the defendant having to disprove them. This principle ensures that claims are thoroughly investigated and supported by evidence, preventing false or unsubstantiated accusations. #Agbajeagbajeandco #Alafiachambers #wednesdaymotivation #lawfirm #lawyers #falseallegations #legal

I had the privilege of attending an in-depth and highly informative webinar on "Framing of Charges in a Criminal Trial," organized by Jus Corpus on June 22, 2024. The session was a deep dive into the complexities and nuances involved in the charge-framing process, which is a critical step in the criminal justice system. Understanding how charges are framed is essential for ensuring fairness and justice in trials, and this webinar provided a comprehensive overview of the legal principles, procedural aspects, and strategic considerations involved. The expert speakers shared their vast knowledge and practical experiences, offering valuable insights into how charges can influence the trajectory of a trial. Their discussions covered everything from the initial stages of investigation to the final drafting of charges, emphasizing the importance of accuracy and thoroughness. This experience has greatly enriched my understanding of criminal law and highlighted the significance of meticulous legal practice. I am immensely grateful to Jus Corpus for organizing such a valuable event and to the speakers for their engaging and enlightening presentations. This webinar was an excellent opportunity to enhance my professional knowledge and connect with like-minded individuals passionate about the legal field. Looking forward to applying these insights in my practice and continuing to grow in this ever-evolving domain of law. #crpc. #BNSS #law #criminal #law #legalfield #webinar #juscorpus #participate

?? New Blog Post: Can I Get My Charges Reduced or Dismissed? ?? Facing criminal charges can be overwhelming and daunting. One of the most pressing questions for defendants is whether their charges can be reduced or dismissed. In my latest blog post, I explore the circumstances under which this might be possible, focusing on Arizona law. Discover the role of the prosecution, common tactics used, and the importance of having a knowledgeable defense attorney by your side. ?? Learn about prosecutorial discretion, defense motions for dismissal, and the factors that influence the reduction or dismissal of charges. ?? Read the full article here: https://lnkd.in/gkGYDuw5 #LegalAdvice #CriminalDefense #ArizonaLaw #ChargesReduced #ChargesDismissed #ProsecutorialDiscretion #TucsonLawyer #ChornyLaw

?? New Blog Post: Can I Get My Charges Reduced or Dismissed? ?? Facing criminal charges can be overwhelming and daunting. One of the most pressing questions for defendants is whether their charges can be reduced or dismissed. In my latest blog post, I explore the circumstances under which this might be possible, focusing on Arizona law. Discover the role of the prosecution, common tactics used, and the importance of having a knowledgeable defense attorney by your side. ?? Learn about prosecutorial discretion, defense motions for dismissal, and the factors that influence the reduction or dismissal of charges. ?? Read the full article here: https://lnkd.in/gZB7hDMf #LegalAdvice #CriminalDefense #ArizonaLaw #ChargesReduced #ChargesDismissed #ProsecutorialDiscretion #TucsonLawyer #ChornyLaw

For lay persons in my connections - If you are a complainant in a serious criminal case, your ability to prosecute will be hijacked by the state. There are pros and cons to this but overall, you will feel sidelined. From the moment the FIR is filed, what will not be in your hands includes the litigation timeline, the litigation strategy, the investigative process and the officials who switch hands to take charge of your matter from time to time. What is in your hands is as follows - 1. Get a good lawyer, pay them well and hope they know what they are doing. If they really do, it will play a big part in the outcome of the case. 2. If there is any delay in lodging the FIR, explain it in your statement. Unexplained delay in a criminal case often disadvantages the prosecution. 3. Don’t fall for bad advice from any party (including your lawyer) that doesn’t make sense to you, especially if such advice claims to strengthen your complaint somehow or claims to get you fast results. If there is even a hint of manipulation in a criminal matter, the accused gets the benefit of doubt and goes scot-free. 4. You’ve entered the arena, now play the game. Don’t give in to the exhaustion. Attend each hearing. Ask questions where they need to be asked. Make some noise if nobody’s listening to you. Stay in touch with the people who are handling your matter. Read the case papers, make sense of it and highlight to your lawyer/the prosecutor the things that don’t make sense (no contribution is small and all views can be helpful). 5. Ask for help from the judge, court staff or the police when you need it because unless you do, it is not likely that they will help; it’s not that they don’t want to help, just that the system is over burdened and it’s easy to forget about someone until they remind you. 6. Go before the court with clean hands. Depending on the context, this means that you should avoid suppression of fact in any way and have a sound logic for why you have acted a certain way. 7. Subject to point number three above, be ready to receive good advice; it may not always make sense to you because a lot of stuff that goes on in the courts is based on relevant jurisprudence that may or may not make sense to a lay person immediately. If you always want things to be done only your way, there’s a good chance that you are going to lose. 8. Last but not the least, have patience. Time spent in the courts will erode your faith in the justice system but hold on to your matter anyway; there is light at the end of the tunnel. If you give up halfway, the accused wins much more easily. #litigation #criminallaw

R-E-S-P-E-C-T Buried in the preamble of the Model Rules of Professional Conduct for lawyers is this line: "A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials." Recently I watched an attorney take a borderline disrespectful tone with a judge, enough to where the judge bristled up in response. I watched this same attorney days later do the same with a prosecutor, and then I watched as the prosecutor continued to vent with his colleague about that attorney's behavior long after the attorney left the courtroom. Now the rules don't require you be obsequious to judges. It certainly doesn't say you have to be friends with other lawyers, either. But I am always amazed by those who take a scorched-earth approach to practicing law, especially those focusing on criminal law. Criminal defense attorneys are constantly asking the prosecutor and judges to give us something we want - a favorable legal ruling, a good offer, a fair sentence. From a practical standpoint, it makes no sense why you would not be professional in your dealings with either of these groups. I am not saying that your relationship earns you favors, but being someone with a reputation of being nasty and unprofessional is certainly not going to help your cause either. Practicality aside, practicing law is stressful. Why would you choose to throw a little mutual respect out the window and steep all your daily encounters in more hostility? Who agrees?