what is the purpose of giving 48 hours to talk to a lawyer

by Ms. Kamille Welch Sr. 10 min read

What is the 48 Hour rule in a criminal case?

Mar 18, 2019 · 36-Hour Rule: Appearance Before a Judge. Within 36 hours of arrest, a person must be brought in front of a judge without unnecessary delay. Importantly, the 36 hours does not include the day of arrest, Sundays, or legal holidays. For example, if you are arrested at 11:30 p.m. on a Tuesday, your thirty-six hours will start running at midnight on ...

What is the difference between the 36-hour and 48-hour rule?

Dec 08, 2021 · 48 hours posted notice (or pursuant to the governing documents), but such meetings are not open to owners when the meeting relates to proposed or pending litigation and the contents of the discussion would otherwise be protected by attorney-client privilege. Board meetings held for the purpose of discussing personnel matters

When does the 36 hour rule take over in a case?

Jul 02, 2021 · Timing of the Initial Appearance. Defendants who bailed out before the initial appearance (out-of-custody defendants) might wait a few days or weeks for their initial appearance. In-custody defendants (those sitting in jail) must typically be brought before a judge within 48 to 72 hours of being arrested. Getting in-custody defendants in front ...

Does 48 hours count as a deadline for arraignment?

Weekends, court holidays, and mandatory court closure days do not count against the 48 hours. Also, the deadline for arraignment depends on what time of the day you were arrested, so talk to a lawyer to find out exactly when the prosecutor’s deadline to file charges is. The Arraignment. ... (give up) the right to a speedy trial. ...

image

Can you be charged without being interviewed?

Therefore, the main difference between being interviewed voluntarily as opposed to being interviewed whilst under arrest is that you can technically leave at any time. However, if you do the police may then exercise their powers of arrest in order to stop you from leaving in order to complete the interview with you.19 Apr 2021

Do you have to pay for a duty solicitor in court?

Any person who is charged with an offence for which you can receive a prison sentence for is entitled to a duty solicitor free of charge at court for the first court hearing. The duty solicitor is from a panel of local solicitors who take turns to be on rota for the day.21 Jan 2022

How long can you be bailed for?

Bail can be either unconditional or conditional, the latter being that certain restrictions and conditions are put on defendants such as not being able to contact a complainant or go to a certain location. The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.9 Sept 2021

Can the police interview you without a solicitor?

If you have been arrested and taken to the police station, then you should ask to speak to a solicitor before the interview takes place. The police must heed this request; the interview cannot occur until you have talked to a legal representative. The police may try to persuade you against seeking legal advice.

Can I get free advice from a solicitor?

Some solicitors give 30 minutes' legal advice for free. Some offer a fixed fee - that way you'll know in advance what the advice will cost. You can call a solicitor's office and ask if they offer a free half hour or a fixed fee. A free or fixed-fee appointment can help you find out your rights and legal position.

Can I ask for a duty solicitor at court?

You can get your own solicitor or you can ask to speak to the duty solicitor at court who will be able to give you some advice and maybe represent you. You can apply for legal aid to pay for a solicitor at the Magistrates' Court.

Does bail mean you have been charged?

Bail from a police station You can be given bail at the police station after you've been charged. This means you'll be released from custody until your first court hearing. If you're given bail, you might have to agree to conditions like: living at a particular address.

Can bail be dropped?

Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date. This is so that the police can look over the evidence and decide whether or not to charge you.

How long can bail be extended?

An extension of initial bail by the custody office to 3 months; An extension of bail to 6 months can be granted by an officer of the rank of Inspector; A Superintendent can extend bail to 9 months; After the 9 months point, extensions can then be made by the Magistrates Court.

Why do you say no comment in a police interview?

The most obvious benefit to saying “no comment” in a police interview is that you will not be adding an immediate strength to a prosecution case. In certain situations, this may leave a prosecution with insufficient evidence to charge you.23 Feb 2022

What happens at a voluntary police interview?

If you are asked to attend a voluntary police interview, it usually means that the police suspect you of involvement in a crime. Depending on the outcome of the interview, you could find yourself arrested and charged with a crime, or summons to attend Court.

What is s 58 pace?

Section 58 of PACE, specifically provides that a person 'held in custody in a police station' is entitled to consult a solicitor, but it does not mention suspects interviewed elsewhere'.

Why do people have to be taken before a judge?

When people are arrested for allegedly committing crimes, they must be taken before a judge relatively quickly to learn of the charges against them, their constitutional rights, any bail options, and other matters.

What is the first hearing in court called?

The initial appearance starts the criminal process in court. At this first hearing, sometimes referred to as an arraignment, arrestees learn of the charges filed against them. This hearing is likely just the first of many hearings to come.

When is a hearing held after arrest?

When arraignments are combined with initial appearances, the hearing must be held “as soon as is reasonably feasible, but in no event later than 48 hours after arrest.” (Weekends are included within those 48 hours.) Under federal law, if the hearing is held later than 48 hours post-arrest, and the delay was not “reasonable,” confessions by the defendant should be suppressed. The government must convince the judge that an emergency caused the delay (inability to find an available judge on a Friday afternoon would not normally constitute an emergency). In practice, however, defendants prevail only when they’re able to link the delay to their conviction, as when, for example, critical evidence is lost between arrest and hearing and would have been secured but for the defendant’s tardy day in court.

What happens when you are arrested?

From Arrest to the Courtroom. When people are arrested for allegedly committing a crime, the police will take them to the local jail for booking. Jail personnel will confiscate and store the person’s belongings, such as wallets, keys, and phones, and take fingerprints and photographs. Arrestees are placed in a jail cell, ...

What is probable cause hearing?

Probable cause. If the police arrested the defendant without a warrant, the initial appearance or arraignment may be combined with what s called a “ probable cause ” hearing. Here, the court determines whether sufficient evidence exists to hold the defendant.

What is the best way to get out of jail?

If possible, it’s best to have a lawyer by your side. A criminal defense lawyer can guide you through the process, make arguments to get you out of jail or reduce bail, and protect your constitutional rights. If you’re representing yourself, seek clarification (respectfully) when you don’t understand something.

What is the purpose of initial appearance?

The first is to prevent the police from holding arrestees too long before informing them of the prosecutor’s charges and their constitutional rights. Some states specify the time within which an initial appearance must be held; others simply require “within a reasonable time.” Along with hearing of the charges, defendants may enter a plea, learn of their right to counsel and respond to the judge’s questions as to whether they will hire counsel (or need the public defender), and make a pitch for a lower bail. The judge may also set dates for further appearances, and if considering bail (or release on the defendant’s “own recognizance”), set conditions for release.

Where did John and Ann Bender live?

John and Ann Bender's life in paradise. A look at the life the couple created at Boracayan -- their nature reserve deep in the Costa Rican jungle. Although construction of the house brought in running water, reliable electricity and dozens of jobs to the area, the project -- and the Benders -- got a chilly reception.

How long was John Bender in jail?

But John spent six hours in police detention before he knew that, and Ann says the incident completely unnerved him.

How long does it take to get information from a court?

The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing. The trial must start within 60 days of the arraignment on the Information. The defendant can “waive” (give up) the right to a speedy trial.

What is the first time a defendant appears in court?

The Arraignment . The arraignment is the first time the defendant appears in court. At the arraignment, the judge tells the defendant: • What the charges are, • What his or her constitutional rights are, and. • That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge.

What is the purpose of a police report?

1. Usually, the police cite or arrest someone and write a report. This report summarizes the events leading up to the arrest or citation and provides witnesses’ names and other relevant information. Defendants generally do NOT have a right to get a copy of the arrest report, but their lawyers do.

How long does it take for a misdemeanor to be tried?

(See section 1382 of the Penal Code). If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.

What does the prosecutor decide?

2. The prosecutor then decides whether to file charges and, if so, what charges to file. The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in ...

How long does it take to file a notice of appeal?

For misdemeanor cases, you must file a Notice of Appeal (Misdemeanor) ( Form CR-132) within 30 days of the date of the judgment or order. For felony cases, you must file a Notice of Appeal — Felony (Defendant) ( Form CR-120) within 60 days of the date of the judgment or order. Keep in mind that the appeal is not a new trial.

What happens after a felony arraignment?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

Who killed Lauren Dunne?

Loved to Death: A "48 Hours" investigation exploring dating and breakup violence through an inside look at the murder of 18-year-old Lauren Dunne Astley at the hands of her ex-boyfriend, Nathaniel Fujita. The couple had broken up, reunited, and broken up again at the time of the murder.

What age group is the most likely to experience breakup violence?

According to the Centers for Disease Control, women between the ages of 18 and 24 experience the highest rate of relationship violence of any age group ... and never is it more dangerous than when they try to leave. It's a disturbing trend known as " breakup violence."

Who saved Melissa Dohme?

Three years after paramedic Cameron Hill saved the life of Melissa Dohme, who'd been stabbed 32 times by an ex-boyfriend, he proposed to her at home plate before a Tampa Bay Rays game on May 11, 2015. Tampa Bay Rays.

What is an arrestable case?

Arrestable cases are those in which the police can arrest without a warrant of arrest. The Criminal Procedure Code is the statute which governs all the police’s powers of investigation. It mandates the police to investigate the facts of the case as soon as practicable, and try to find the offender, arresting him if appropriate.

Which section of the Criminal Procedure Code allows the police to examine orally?

The first type of statement is governed by section 22 of the Criminal Procedure Code, which allows the police to examine orally any person whom he believes to have knowledge of the facts and circumstances of the case under investigation.

What powers do police officers have?

These powers include the power to issue a written order for the production of any document or thing where it is necessary or desirable for the investigation.

What is a warrant?

A warrant to order the person to attend; The power to orally examine them and record their statements; and. The power to search places for documents or things necessary for the investigation. These powers may be exercised for non-arrestable cases, but they will require an order of the Public Prosecutor or Magistrate.

What is Nadia's practice?

Nadia’s practice encompasses Civil and Commercial Litigation, Matrimonial and Syariah Law as well as Criminal Law. She has experience handling cases from State Courts to High Court level. She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. Her…

What is a release agreement?

A release is a written agreement, signed by both the employer and the employee, in which the employee gives up the right to sue the employer for certain claims arising out of the employment relationship. In exchange to giving up this right, the employee receives something of value -- typically, a severance package.

What age can you fire an employee?

If you are firing an employee who is at least 40 years old, the Age Discrimination in Employment Act (ADEA) requires you to include additional terms in a release. Among other things, a release of age discrimination claims must: advise the employee, in writing, to consult with a lawyer before signing the release.

What are the biggest mistakes an employer can make?

Mistakes to Avoid. One of the biggest mistakes an employer can make is refusing to pay the employee severance to which the employee is otherwise entitled if the employee refuses to sign the agreement. If the employer typically pays severance to employees who are not asked to sign a release agreement, the employer may not withhold severance ...

What is the hit and run law?

"Hit-and-run" laws, also known as "stop-and-give-aid" laws, require drivers who are involved in collisions to: stop. provide identification, and. give any needed assistance.

Is a hit and run a criminal offense?

Hit-and-run prosecutions are not necessarily limited to people who were driving at the time of the accident. A passenger who encourages an at-fault, fleeing driver to leave the scene may be criminally liable. The same goes for a passenger in car involved in a collision, who immediately takes the wheel and drives away.

Can a hit and run be prosecuted?

But in some states, a late report by a driver who left the scene of an accident cannot be used against him or her in a subsequent criminal prosecution for the hit-and-run. If the driver has reported the collision within the prescribed time frame, such as 48 hours, the prosecution must prove that the defendant "hit and ran" without using the defendant's tardy report as evidence (the report, of course, would otherwise constitute a confession).

What are the rules for HOAs?

Most HOA communities have regulations and guidelines regarding the following: 1 Any changes made to the architecture of your home 2 Restrictions regarding lawn ornaments and holiday decorations 3 Requirements for home maintenance 4 Policies regarding noise complaints 5 How many people can reside in the home 6 Parking rules 7 How many pets and what kind of pets are allowed 8 Rules and schedules for trash and recycling 9 Whether or not you can rent out your home for a short time (such as on Airbnb)

Why are CC&Rs created?

The CC&Rs are created by the HOA to ensure the community maintains property value, safety, and curb appeal. The regulations vary from community to community, but all community members are expected to follow the rules.

What is a HOA?

An HOA is a group of community residents (or a management company) that enforces the rules and regulations that fellow residents must follow. You’ll usually find HOAs in planned developments like a condo complex, townhome communities, and in both many newly developed and established neighborhoods with single-family homes.

How many HOAs are there in the US?

In the United States, there are more than 347,000 communities with a homeowner association (HOA). Some of these HOAs are managed by large management companies, but the vast majority (70%) are handled by community volunteers.

Who is Mary Stewart?

Mary Stewart, a seasoned real estate agent in Texas who’s been in the business for more than 40 years, elaborates: “They make sure that a lot of the rules aren’t being broken. They patrol the neighborhood to see if the yard is mowed, Christmas lights have been taken down, and if things need to be repaired.

Can a HOA put a lien on your home?

Depending on the development, as well as state and federal laws, an HOA could slap you with warnings, fines, and potentially even put a lien on your home — providing they are within their legal rights to do so and they follow the correct procedures.

What is the HOA responsible for?

The HOA is also responsible for keeping walkways, sidewalks, and entrances clear of debris, and they generally keep up with the landscaping around communal areas (most HOAs will do the landscaping for homeowners if the HOA oversees a condo or townhouse complex).

image

The Death of John Bender

Image
"I'm sure this seems as real to you as it did that night," Spencer said to Ann Bender, standing in the room where her husband died. "So what happened?" "John brought a gun to bed," she replied. "It was the last thing I expected him to be doing, even though I knew that he was suicidal." On Jan. 7, 2010, Ann Bender said it was …
See more on cbsnews.com

Examining The Forensics

  • The Bender's friend, Paul Meyer, visited Ann in the hospital just days after her arrival. She weighed 84 pounds. "She literally looked like someone who had just walked out of a concentration camp," he said. Sick or not, Ann Bender was already investigators' number one murder suspect. Police confiscated her clothes and her computer. But it's unclear if they examined John's messages or …
See more on cbsnews.com

Searching For The Truth

  • After her acquittal on murder charges, Ann Bender hoped for a new start. She got an apartment in the capital, San Jose and began dating her now-boyfriend Greg Fischer. When the trust stopped paying her bills, friends and family helped. Ann said not once did she even consider leaving Costa Rica. "That was the last thing I was thinking about..." Perhaps it should have been the first, becau…
See more on cbsnews.com

The Verdict

  • "I know what I remember. I know I did not bring that gun to bed. I did not shoot my husband," Ann Bender told "48 Hours." After four years and two trials, there's perhaps no way Ann can prepare herself for the verdict: guilty of murder. Her friends and family sit stunned. Ann was sentenced immediately to 22 years in prison and led away. "It's like a ton of bricks ... so it's tough ... my wor…
See more on cbsnews.com