What is the difference in being accused of a crime and being suspected of a crime in ucmj?
The formal charge comes after a grand jury hears the charges anddetermines whether or not the person can be indicted for thisoffense. If they vote in favor of an indictment, t…hat person willstand trial for the crime.
-speedy and public trial by an impartial jury of the same state and district wherein the crime shall have been committed. -to be informed of the nature and cause of the accusa…tion. -to be confronted with the witnesses against him. -to have compulsory process for obtaining witnesses in his favor -to have the assistance of counsel for his defense. (Sixth Amendment of the Constitution)
Being accused of a major crime means that you are being accused ofdoing something really bad, criminally. This can range from theftto assaulting someone.
Under present law the accused has the right to remain silent andnot incriminate herself or himself. The accused also has the rightto speak with a lawyer. A person who is suspe…cted of a crime isconsidered innocent until proved guilty.
i dont now ask a history teacher or something :D
The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against th…at person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.. Your Miranda Rights must be read to you if you are being taken into custody.. You have the right to know what crime you are accused of.
In the US, anyone can sue anybody for anything. Who are you thinking of suing? The person that reported the crime and fingered you - or the police fror arresting you? Whether,… or not, you were released after investigation - had the charges dismissed by the prosecutor - or were found not guilty at trial - if law enforcement had sufficient probable cause to arrest you, you would probably not be able to collect anything. You should discuss your chances of success with an attorney and be guided by his advice.
Generally, "The Defendant."
to remain silent
Not necessarily, some children cannot communicate or are suffering from post-traumatic stress. Any children in which these do not apply to will be expected to answer some ques…tions.
YES. Under Common Law you can sue for damages due to malicious prosecution. You can sue for damages, provided you can prove that there were damages, but law enforcement and… courts are not responsible for any "damage" they do if they were operating within the confines of the law. In other words, if the justice system had a legal right to do whatever they did AT THE TIME THEY DID IT (ie: when you were still implicated, before you were cleared), you don't have a leg to stand on. As an example: If the police came and tore up your couches, you cannot sue to replace them unless they... A) didn't have a warrant at all B) the warrant did not permit them to search there (they can't search for a stolen TV in your couch because it could not be there) C) the warrant was improperly granted, with insufficient evidence to establish probable cause D) the police misconducted themselves in some other way (insufficient evidence for a stop or reasonable suspicion, abuse, denying medical care, arrest without reading Miranda Rights, etc....) I don't know what your situation is, but if you got fired for being suspected of something, you could possibly get a letter from a court official stating you were cleared, but it won't necessarily require your employer to hire you back. Furthermore if the contract with your employer was "at will" (and it probably was) then there's literally nothing you can do - they're allowed to fire you because they don't like your face, or just because they feel like it. You'll have to look at the specific laws in the jurisdiction that tried you.
1-Right to remain silent 2-Anything that person says or does many be used against them inthe court of law 3-Right to consult an attorney 4-Right to know what they're being acc…used of 5-Obtain witnesses if necessary 6th Amendment Source-My Civics Textbook-The Consititution of the United States
China is accused of cyber crimes because it refuses to stop the hackers and corporate spies that operate within its borders. It is therefore assumed that the government itsel…f is behind many of these attacks.