|
Cleaning up a criminal
record continued
- People
have to apply (in writing) for expungement
- Arrest and conviction
records are not automatically expunged or sealed after a period
of years.
- Even though a conviction
has been expunged, in some circumstances it can still be used
to increase the severity of a sentence should a defendant again
be convicted.( For example, an expunged conviction
may subject a defendant to a "three strikes" sentencing law.
- Convictions cannot
be expunged until about a year after they occur, and then only
if the defendant is done serving the sentence and is facing
no new charges.
- Not all convictions
are eligible for expungement.(For example, in many
states defendants cannot expunge felony convictions or convictions
involving sex offenses.)
- Juvenile and misdemeanor
convictions are most often subject to expungement.
- A defendant acquitted
of a criminal charge may be able to have the records of the
arrest and charge sealed immediately. |||
|
Search Warrants
Continued
 What Is Probable Cause?
The Fourth Amendment Affidavits have to identify objectively
suspicious activities rather than simply recite the officer's
subjective beliefs. The affidavits have to establish more than
a "suspicion" of criminal activity , but not "proof beyond a reasonable
doubt." If an affidavit comes from any of these sources: a judicial
officer will likely issue a search warrant.
- a confidential police informant whose past reliability
has been established or who has firsthand knowledge of illegal
goings-on
- an informant who implicates herself as well as the suspect
- an informant whose information appears to be correct after
at least partial verification by the police
- a victim of a crime related to the search
- a witness to the crime related to the search,
- or another police officer.
Continue... 
|
