After receiving the instructions and hearing the final arguments, the jury retires to the jury room to begin deliberating. In most states the first order of business is to elect one of the jurors as the foreperson or presiding juror. This person’s role is to preside over discussions and votes of the jurors, and often [...]
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After reaching a decision, the jury notifies the bailiff, who notifies the judge. All of the participants reconvene in the courtroom and the decision is announced. The announcement may be made by either the foreperson or the court clerk. Possible verdicts in criminal cases are “guilty” or “not guilty.” Sometimes, if the jury cannot unanimously [...]
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The terms “expungement” and “sealing” are often used interchangeably, but there are some differences. “Sealing” is when criminal records are hidden from the general public. “Expunging” a criminal record means that the record is completely destroyed; it’s as if the crime never happened. Each state has its own definition of expungement, based on different rules [...]
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An attempt means that you had the intent to commit the crime, you took some step toward committing the crime, but for some reason you did not complete it. Suppose you went into a bank and demanded money from a teller at gunpoint. Then an alarm rang, so you ran out of the bank before [...]
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The best way to answer this question is to quote a jury instruction that best sets out in our opinion, the concept of reasonable doubt in a criminal case: The burden is upon the prosecution to prove by the evidence beyond a reasonable doubt every material and necessary element of the offense charged against the [...]
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In Cincinnati, a suspect has the right to be arraigned without unnecessary delay, usually within two to five court days, after being arrested. He or she appears before a judge or magistrate who will read the offenses with which the suspect is officially being charged, they are informed of their constitutional rights, and advised of applicable penalties. The accused [...]
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Generally, offenders who committed their crimes when they were under 18 are placed in juvenile detention facilities. Many of these detention facilities focus on rehabilitation of the juvenile offender, rather than on pure punishment. In some cases, juvenile detention facilities are used to house offenders who commit a crime that, if not for their age, [...]
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The terms “expungement” and “sealing” are often used interchangeably, but there are some differences. “Sealing” is when criminal records are hidden from the general public. “Expunging” a criminal record means that the record is completely destroyed; it’s as if the crime never happened. Each state has its own definition of expungement, based on different rules and [...]
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Sometimes law enforcement officers will ask to interview people prior to taking out formal charges. Other times they ask to interview folks as part of their investigation. Either way, we always suggest that you have a lawyer present when speaking to police. Know your rights before making a statement that could later be used [...]
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Probation is a criminal sentence; parole is one way of completing a criminal sentence of incarceration. In most jurisdictions, first-time offenders are considered for probation, particularly if their offense was nonviolent. A person placed on probation is typically given a jail or prison sentence that is suspended as long as the person abides by the [...]
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