They start with a large panel of jurors at the start. Usually 50-60 for felonies. The prosecutor and defense get to question them. They then cross off a certain number for peremptory challenges (no reason need be given) and cross off others for bias or prejudice etc. Then the first 12 who did not get crossed off by either side are on the panel of 12 for the trial. It is actually jury deselection as the purpose is to get rid of all the bad jurors and hope the rest will be fair. That is a very short summary of how it works.

Every person has a right to a jury trial regardless of the amount of time a person might serve. U.S. Constitution 6th Amendment. Jury trials are almost always better as the verdict must be unanimous with all jurors voting guilty or all voting for not guilty. Any thing less is a mistrial. So it is more difficult for the prosecutor to convince 12 jurors than it is to convince one judge. An accused only needs one juror to say not guilty and he cannot be convicted. Hope this helps.

@@fedoralawyer No I understand all that yes what Im asking is I read that you cant get a jury trial for every situation in which someone is charged with something. Is this true? One example I found was some state with penalties of 6 months max or less?

@@edwelndiobel1567 Not correct. That would be contrary to U.S. Constitution. Everyone has a right to a jury trial unless they waive it in open court. It does not matter if it is less than six months. What state are you referring to?

@@fedoralawyer I asked the AI: If you are charged with ANY crime is a jury trail always avialable? , a jury trial is not always available for every crime. Here’s a breakdown of when a jury trial is typically available and when it might not be: 1. Right to a Jury Trial Criminal Charges: Under the Sixth Amendment of the U.S. Constitution, individuals have the right to a jury trial in criminal prosecutions. However, this right primarily applies to serious offenses (felonies) where the potential punishment exceeds six months of imprisonment. Misdemeanors: For misdemeanor charges, the right to a jury trial can vary by state. Many states do provide the right to a jury trial for serious misdemeanors, but for lesser offenses that carry shorter sentences (typically less than six months), a jury trial may not be guaranteed. 2. Waiving the Right Bench Trials: Defendants can waive their right to a jury trial and opt for a bench trial, where a judge alone decides the case. This is a common choice in certain circumstances. 3. Civil Cases Different Standards: The right to a jury trial in civil cases is governed by the Seventh Amendment. This applies to civil cases with claims exceeding twenty dollars, but it does not extend to cases seeking equitable relief (such as injunctions). 4. State Variations Jurisdictional Differences: Different states may have specific laws regarding the right to a jury trial for certain offenses, so it's important to consider the jurisdiction in question. Yeah thats why I asked you because the AI was hmmm. I always thought we had the right to a jury trail if the crime could result in any jail time. I.e. something bigger than a fine. I mean can you even take a traffic ticket to jury trial? I just dont know haha.

@@fedoralawyer Sorry I tried to paste the response from the AI but youtube deleted it. It said NOT EVERY crime can get a jury trial. It said a bunch of stuff about LOWER crimes no being allowed a jury trail. Typically less than six month jail time. So just to be clear you can request a trial by jury for any crime you are charged with?

Hello, My pleasure in helping. Cops can run anyone's plates at anytime. Nothing wrong or illegal about that. What they cannot do is pull you over for no reason or based only on a hunch. But most cops know how to drum up a reason if needed. Like failure to maintain a single lane. That's a popular one and hard to defend against. You can always file a complaint with the internal affairs department of the officer's agency if you feel you have been wronged in some way. No need for a lawyer for this.

Being intoxicated with a firearm is not a good idea but so far as I know it is not illegal in itself. But having a firearm while in the commission of a crime other than a class "C" fine only type offense is prohibited. I have represented many people for DWI and illegal possession of a firearm even though the firearm was not used in anyway during the DWI offense. Just having possession of the firearm was illegal during the commission of the DWI offense. As for testing. A person cannot be proven to be intoxicated without some type of testing.

Some people do plead guilty when they are not guilty just to get out of jail. A person is charged with a crime and cannot afford a bond. If that person wants to plead not guilty and have a trial he might have to wait months for a trial. Or the prosecutor can make him a deal that if he pleads guilty today, he can get out in a few days. He has a family and job that he needs to keep. So he may plead guilty just to get back to his job so he can stay employed and feed his family. Its unfortunate but it happens.

True enough!

That is the old adage among defense lawyers. The grand jury can indict a ham sandwich.

I think you mean Motion to adjudicate if I'm not mistaken. When you first get deferred adjudication type probation it simply means the judge has postponed a finding of guilt. So if you finish the period of supervision successfully, you will not have a conviction on your record. Hence "deferred adjudication." Motion to adjudicate is when you have violated some condition of your supervision and the court is now going to move forward and make a finding guilt. It is similar to a motion to revoke probation. When you are on deferred probation you don't have a conviction yet. When you are on regular probation you do have a conviction. I Hope helps.

Sorry for late response. I just got out of court. Sounds like he is doing everything he can to be compliant. I doubt this one and only issue will get him revoked. However, he needs to have the monitor checked to see why it is not charging properly. Ankle monitors are far from perfect. Many of my clients have had problems with ankle monitors not charging or not staying charged. Hope this helps.

That is a very wise decision. It does not take much to get a person arrested for child abuse and a lot to clear them of such charges. You are forward thinking in keeping the niece at a distance. Even a short holiday visit should not be allowed. I commend you!

Only the judge can revoke and only after a hearing. a motion to revoke can be file and an arrest warrant issued, but probation is not revoked until there is a hearing before the judge and the state proves he violated. PO has no obligation to tell him there is a warrant for probation violation. He is also entitled to an attorney to represent him. One will be appointed if he cannot afford to hire one. Many times if he has an opportunity to explain his situation, financial problems or something of that nature, the court will not revoke but either extend his probation or allow him time to get current with payments. The court can also unsatisfactory terminate the probation. This means noting in the long run but at lest the probation is over. Also any time in jail counts as time served. You should get him a lawyer ASAP. Sorry for late response. I just left court.

Sorry for the very late response. I was in federal court all day and then had too many other things to catch up on. You can only be accountable of violations that took place during the time you were on probation. Your probation will not be affected by anything that happened before you were put on probation. Sounds like your summons was for something that took place long before you were ever placed on probation. So no that summons cannot affect your current probation. Good Luck!

If the owner has given someone the authority to manage the property for him, then that person can ask you to leave. For example, the manager of an apartment complex will generally have the owner's authority to manage the property and be able to control who is allowed on the property. But it cannot be some random person, like a neighbor of the property owner.

Not a dumb question at all. Most courts do offer it and yes you should ask about it. Remember the prosecutors are not there to help you. They are there to prosecute you. So they are not going to offer up any helpful hints on how to handle your case. That is what your attorney is supposed to do. However, all that said, if it is a traffic ticket court, the prosecutors will usually tell you about deferred. The object in traffic court is to collect money and they collect money just as easily on deferred as a regular conviction. Hope that helps.

@@fedoralawyer Thats what I thought too. Municipalities just want your money , not your points. Subscribed!

You're welcome. Glad it was helpful!

Sorry, I'm not sure what you are asking. Your lawyer has a duty to allow you to see any evidence good or bad that affects your case. Only after a thorough review of the evidence and a conversation with your lawyer should you decide to enter a plea of guilty or go to trial.

In most jurisdictions only a lawyer can get access to the evidence. Moreover, the lawyer cannot give you a copy of it either. He can and must allow you to review it as often as you like but you cannot have your own copy of the evidence to take and keep with you. However, you are entitled to a copy of your own statement. If you are representing yourself, which is always a bad idea, you may need to file a motion with the court ordering the DA to allow you to view the evidence. Otherwise, you will need a lawyer to get what you want. Hope this helps.

@@fedoralawyer Thank You!

@@daveobrien8210 You're very welcome.

A bonding company is the best way to see if there is a warrant for your arrest. The police have no duty to notify you of an arrest warrant. Many times they do a what we call a pocket warrant. This is where they get the judge to sign the warrant, but instead of entering it the system so that bonding companies can see it, they literally put it in their pocket and go arrest you. This is usually only done for violent offenders. It is not the norm. Hope that helps.

And 8-10 months after the incident occurred. The judge made not one but 2 references to him bout it n court and immediately allowed me to go on my own recognance

I'm not sure what you're asking. But burglars are generally thieves, but not always!

Sorry for the late response. I am still without power as we are recovering from the hurricane in Houston Texas. If you are representing yourself, you should be able to look at the evidence. Otherwise it is true, You will need a lawyer. You can always apply for a court appointed lawyer get him to show you the evidence and then fire him and continue to represent yourself. But you’re always always always better off with a lawyer.hope that helps and good luck.

@@momaali5643 my apologies for not responding to the comments and questions sooner. But we are still reeling from hurricane Beryl. I have no power at my office or at my home. So now I’m working from the hotel for a while. To answer your questions, attempted murder is far too serious for a victim, not to appear. However, depending on the other type of evidence, the state may be able to prove the attempt even without the victim. In most cases, they will serve the victim with a subpoena personally, and if the victim does not appear a sheriff may go out and bring the victim to Court to testify. But that is rare.

@@Scott-be1cq I don’t know jurisdiction that is but it would never happen here. State cannot just hold you for that length of time with no indictment. His attorney should file a writ to get him out of jail. What state is this?

@@THEFEDORALAWYER North Carolina

@@THEFEDORALAWYER North Carolina, they also have no speedy trial clause. I have spoken with the attorney, there no bond in this case and there is no time limit in the state either before indictment or after for a trial. There are individuals that have been locked up for multiple years without trial. Not sure the number but it is not an isolated incident apparently.

Thank you I am glad you found it helpful.

Sorry I am having so much trouble responding to comments. We are still reeling from the aftermath of Hurricane Beryl. I still have no power in my home or office. I finally found a Hotel to work from. You have not lived until you spend a few nights in a house with no ac or power of any kind and try to sleep when it is 86+ degrees and high humidity. I had to keep getting in my car to stay cool. Your question is a bit deep in legal analysis for this channel. But Discrimination based on sex, age, race, national origin, and religion are discriminatory. So you cannot discriminate based on them no matter what type of business you own. I am not aware of any statute or case law without doing a lot of research that I cannot do from a Hotel. I'm not sure what you asking related to criminal trespass.

As far as I know flipping someone off, even your Probation officer, is not a crime. But making an enemy of our PO is not a wise thing to do.

That is a very astute assessment. And that is the reality. Cops won't likely deal with neighbors arguing with each other. If they did, they would be hauling away someone every other week. Cops just won't get involved with residential neighbor disputes.

You're very welcome. I'm always happy when someone finds something helpful in my videos. That's why I make them!

Got it. I think you asked for one on law of parties before.

If you do, better not come back again.😂

Thank you. I’ll keep putting them out.

@@THEFEDORALAWYER your welcome

Thank you. They are in fashion... at least for me anyway. Much thanks...

You're welcome. It is certainly a tricky area and depends a lot on the facts of each particular case.

Thank you. I'll keep putting them out. Next one is about appeals from a conviction and the one after will be about the Law of Parties.

@@fedoralawyer cant wait man 🤝

Thank you. I'm glad you found it useful.

​@@fedoralawyer Can you make one bout law of parties

@@moneydemand1150 Yes, I can make a video about the law of parties. But it is essentially that if you assist a person to commit a crime in any way, you become liable as if you committed the crime yourself. For example, you drive me to the bank so I can rob it. You wait in the car and I go in the bank to do the robbery. But while inside I shoot and kill someone. Now, even though you never set foot inside the bank, you are just as liable for the killing as I am. that is basically it. But I'll make a video with a bit more explanation.

@@fedoralawyer I like interacting with people not just gaming you understand me good for people to know the law thanks sir for the content

Yes, your attorney is correct. An indictment is a finding of probable cause. So once you are indicted, probable cause has been found. Before an indictment you can have an evidentiary hearing to determine if there is probable cause. But as soon as you ask for a hearing, the district attorney will run to the grand jury and get an indictment.

Don't shoplift in the first place is always the best rule. But my rules are for those who forget or disregard rule no. 1.

You would be astonished at how many judges don't know the law. Many times the judge will ask the lawyers to research a complicated topic to get clarification. Also judges, other than federal judges are elected. They can be in the right party at the right time and get elected with little or no experience. I have corrected judges on occasion by being prepared and showing the judge the written law.

No it does not equal probable cause if you refuse the tests. Upon refusal the officer will need to get a warrant to get a blood test. And he will need probable cause to get the warrant. But smell of alcohol and blood shot eyes along with slurred speech are all indicators of intoxication wherein the officer will have probable cause cause to get a warrant.

True enough. That is why you should always check the law in your jurisdiction. There may be an exception that applies to your particular case.

It really is a shame for a young person to have to carry a youthful mistake around for the rest of his life and have it define who he is. But I have had many clients come to me looking to erase a one time criminal conviction from years ago and I can't help them.

@@fedoralawyer Its not just a destroying of people's lives, its a criminal waste of human potential. How many people who would otherwise be outstanding contributors to their community and economy, instead become a drag on it, as they don't pay tax dollars, earn enough to survive and end up costing the taxpayer hundreds of thousands of dollars, instead of contributing a similar amount? I'm helping someone turn their lives around right now, and while their recent record is making it hard for them to find work, this will become easier as old charges, that happened when they were young and stupid come off their public record.

@@greg.kasarik I agree. It's terrible that the U.S. has such laws. I think if they do a pre trial intervention type supervision, finish it successfully and don't have any problems with the law for the next 7 or 10 years they should be allowed to have it removed from public records. Law enforcement can always keep a private copy in the event the person gets in trouble again in the future. The person who is truly rehabilitated can then live a much better life. Everyone wins in that scenario.