December - 2015

Elements of the Crime: Self Defense

Elements of the Crime: Self Defense

Self defense is an affirmative defense to a criminal charge -- most often assault and battery or a varient thereof. A Defendant may assert that he or she acted in self defense, but he does not have to prove that he acted in self defense; rather, the Prosecution must prove that the Defendant did not act in self defense. Below are the jury instructions for using force in self defense: M Crim JI 7.20 Burden of Proof-Self—Defense The defendant does not have to prove that [he /

Elements of the Crime: Reckless Driving

Elements of the Crime: Reckless Driving

A criminal charge is made up of elements. When a defendant is charged with a crime, the prosecutor must prove each element beyond a reasonable doubt. Here are the elements comprising the misdemeanor charge of Reckless Driving. M Crim JI 15.15 Reckless Driving (1) [The defendant is charged with the crime of reckless driving. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: (2) First, that the defendant drove a motor ve

Court Finds Police "Knock & Talk" Tactic Does Not Violate 4th Amendment

Court Finds Police "Knock & Talk" Tactic Does Not Violate 4th Amendment

People v. Frederick The court held that the police officers’ use of the “knock-and-talk” procedure did not violate the defendants’ Fourth Amendment rights. Defendants, both COs, were suspected of receiving marijuana butter from a caregiver. The investigating police officers decided to go to their homes, knock, and request to search. The defendants, each of whom had a medical marijuana card, agreed to the searches and turned over the marijuana butter. They were charged with va

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Make Sure You Know ALL of the Terms of Your Plea Agreement

Make Sure You Know ALL of the Terms of Your Plea Agreement

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