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Category: Criminal Defense

The Fifth Amendment to the United States Constitution states clearly that no one can be compelled to provide evidence or bear witness against themselves in a criminal case. In other words, if the police ask you if you committed a crime and answering openly would incriminate you, the choice to remain silent is an acceptable alternative option.
Formally, malicious prosecution is “an action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without probable cause and for a purpose other than that of bringing the alleged offender to justice.” In plain terms, it is a case filed against a person who accused someone of something in the court of law with baseless and malicious litigation.It exists to protect you from any malicious legal action that is initiated without probable cause or for the sake of harassing you.
The process of criminal justice often starts when a suspect is placed under arrest. An ‘arrest’ is defined as the act of taking a person into police custody, and no longer has the freedom to move about. When it comes to arresting suspects, physical restraint through handcuffs may not be necessary. An arrest can be made with a simple declaration from the police officer, informing the suspect that he or she is under arrest, and the suspect submits without restraint. They important elements in making an arrest are the police officer’s exercise of authority over an individual, and the individual’s submission – whether voluntary or involuntary.
A conspiracy is an agreement between between two or more people to collude to commit a crime. The nature of conspiracy cases are usually very complex, because they involve multiple people. Even if the conspired crime was not executed, those involved can still be convicted. Two things must be present in order for the defendants to be accused of conspiracy.

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