- Examination of fingerprint expert
- ridges
- tips of the finger
- exudes certain oils and acids
- unique
- theoretically
- aging
- enviromental influences
- latent fingerprint
- invisible or unseen
- perspiration through the sweat pores
- tar
- wax
- powder
- feather
- dust
- clear plastic tape
- card of contrasting colors
- compare
- known prints
- patterns
- arches
- loops
- whorls
- plain arch
- double loop
domingo, 22 de septiembre de 2013
EXAMINATION OF FINGERPRINT EXPERT
LEVANTAMIENTO DE HUELLAS DACTILARES
- se toma con mucho cuidado
- huellas dactilares
- es recomendable realizar esta operación usando guantes
- se procede con el análisis comparativo de impresiones dactilares de la siguiente manera
- la impresión dactilar indubitada
- conforme a lo establecido en los puntos anteriores
- homólogos
MOTION TO SUPPRESS
- Motion to Suppress
- Points and Authorities
- If the Court please
- the Defense would like to be heard on a 1538.5 motion
- People vs Hargrave
- Cal App 3d vol. 212 page 1398
- to the effect that
- bindle
- in question
- it is our contention that
- the alleged controlled substance
- seized
- due process
- tapped
- startled out of a deep sleep
- without the proper advice of rights or waiver of rights
- the case that’s very much close to this
- produce I.D.
- amount to
- catches his interest
- appearance
- tattoos
- he has a question in his mind as to whether
- on parole
- status
- jumping in there
- searching through the wallet
- this is typefied as a consensual encounter under the analysis
EXPERT WITNESS TESTIMONY
- expert witness
- Intoxilyzer
- brand name
- gas chromatograph intoximeter
- breath-testing machine
- blood alcohol level
- breath sample
- infrared absorption
- print-out
- print card
- printed result
- digital display
- accurately
- get the ideal air blown into the instrument
- deep lung air
- shallow breath
- upper respiratory or upper middle lung air
- reading
- conversely
- drink
- consumption
- it has been known to go as long as
- depend on
- one relatively brief sitting
- body metabolism
- drinking history
- central nervous system
THE RIGHT TO COMPETENT COUNSEL
Adequate Representation: Your Right to a Competent Lawyer
As a citizen of the United States, each person is entitled to adequate representation under
the Constitution of the United States. This means that citizens have the right to a competent
lawyer. Adequate representation not only covers the right to have an attorney present at a
trial in a court of law but also that the lawyer is competent in arguing cases in a court of
law. If a defendant is found to have had an incompetent lawyer during trial and the verdict
of the trial is ‘guilty’ then the ‘guilty’ verdict can be thrown out because of the incompetent
lawyer. To prove that the incompetence of a lawyer hurt the trial so much that it cannot go
on two things must be proven:
The defendant must be able to show that the lawyer did not do an effective enough job and
his or her performance was deficient. The defendant must also prove that his or her legal
counsel made errors so serious that the counsel did not perform as they had promised.
The defendant must also prove that the legal counsel of the defendant was so erroneous that
it caused unfair prejudice of the defense, making the trial unfair at the same time.
The Public Defender
If a defendant in a court case cannot financially provide themselves with their own legal
counsel then the state or jurisdiction that they have been arrested within will provide them
with an attorney. It is mentioned in the Miranda Rights that are read to a suspect when he or
she is arrested.
Representation for a defendant will be provided for a financially eligible defendant
when the defendant is:
• Charged with a felony or a Class A misdemeanor
• Is a juvenile alleged to have committed an act of juvenile delinquency
• Is charged with a violation of probation
• Is under arrest, when such representation is required by law
• Is charged with a violation of supervised release or faces modification, reduction, or
enlargement of a condition, or extension or revocation of a term of supervised release
• Is subject to a mental condition hearing
As a citizen of the United States, each person is entitled to adequate representation under
the Constitution of the United States. This means that citizens have the right to a competent
lawyer. Adequate representation not only covers the right to have an attorney present at a
trial in a court of law but also that the lawyer is competent in arguing cases in a court of
law. If a defendant is found to have had an incompetent lawyer during trial and the verdict
of the trial is ‘guilty’ then the ‘guilty’ verdict can be thrown out because of the incompetent
lawyer. To prove that the incompetence of a lawyer hurt the trial so much that it cannot go
on two things must be proven:
The defendant must be able to show that the lawyer did not do an effective enough job and
his or her performance was deficient. The defendant must also prove that his or her legal
counsel made errors so serious that the counsel did not perform as they had promised.
The defendant must also prove that the legal counsel of the defendant was so erroneous that
it caused unfair prejudice of the defense, making the trial unfair at the same time.
The Public Defender
If a defendant in a court case cannot financially provide themselves with their own legal
counsel then the state or jurisdiction that they have been arrested within will provide them
with an attorney. It is mentioned in the Miranda Rights that are read to a suspect when he or
she is arrested.
Representation for a defendant will be provided for a financially eligible defendant
when the defendant is:
• Charged with a felony or a Class A misdemeanor
• Is a juvenile alleged to have committed an act of juvenile delinquency
• Is charged with a violation of probation
• Is under arrest, when such representation is required by law
• Is charged with a violation of supervised release or faces modification, reduction, or
enlargement of a condition, or extension or revocation of a term of supervised release
• Is subject to a mental condition hearing
On Hiring A Private Attorney
For those
Defendants seeking legal assistance in these tough times some observations on
hiring your own paid attorney.
Income Requirements
First of all you
must meet the income requirements to qualify for a public defender. Some
states are more lenient than others, but if you must lie about your income or
lack of it to get a free attorney, you are already starting off on the wrong
foot.
Experience and Accountability
More importantly,
it might be worth it to you to scrounge up the money any way you can to hire a
good private attorney. The experience and accountability that you
get for your money can play a huge part in the eventual outcome of your case.
When you are faced
with a criminal charge you need an aggressive, hard-charging lawyer who is
willing to put himself on the line for you and can really focus on
your case.
Money is something
a lot of people don't have these days and especially criminal defendants.
And while it may seem like paying money, (in some cases a lot of money)
for a private attorney is an extravagance it is an extremely important
life-changing decision.
When you are in the
slammer, sitting there with a conviction, you may well wish you had
spent the extra money to hire private counsel. Yeah, it's not like buying
a car, or a big screen TV or a house where you have something tangible to
show for your money.
But how tangible is
your freedom?
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