QueryCAT Logo
Search 5,000,000+ questions and answers.

Frequently Asked Questions

What about criminal prosecution?

Oregon DHS: Reporting abuse
Law enforcement agencies are obligated to investigate reported cases of child abuse and to submit a report to the district attorney's office. Criminal prosecution is at the sole discretion of the District Attorney. Prosecution may protect a child from further abuse and may assist the treatment process.

Back to Top Why was the criminal matter declined for prosecution?

City of Phoenix Law Department - FAQ
If you are the victim of the crime, you will receive a letter explaining why the case was declined. You have the right to discuss the matter with a prosecutor. To do so, call 602-262-6461. If you are the victim of the crime, you will receive a letter explaining why the case was furthered. You have the right to discuss the matter with a prosecutor. To do so, call 602-262-6461.

What is the difference between making a police report and criminal prosecution?

Sexual Assault: Frequently Asked Questions - KCDVCCRT
Reporting to the police also does not necessarily mean that there will be prosecution of a case. One can report an assault for information purposes only without the intention of any other action. After a report is made, the crime will be investigated and submitted to a prosecutor's office; the decision to prosecute belongs to the prosecutor and is based on evidence available.

Is this a civil lawsuit or a criminal prosecution?

EFF's "US v. ElcomSoft & Sklyarov FAQ" (Feb. 1...
This is a criminal prosecution brought under section 1204 of 17 USC by the United States Department of Justice. To convict Dmitry and/ or ElcomSoft and trigger the criminal penalties in the DMCA, the government must prove that they acted willfully and for the purposes of commercial advantage or private financial gain.

Question: what is criminal prosecution?

FAQ about Copyright -- Chilling Effects Clearinghouse
Answer: A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.

Can I pursue both a criminal prosecution and a civil lawsuit?

Frequently Asked Questions: CrimeVictimLaw.com
Yes. Victims can and should consider pursuing both options, because each has different but equally important goals. Civil lawsuits attempt to compensate the victim for the harm done. Criminal prosecutions attempt to punish the offender for violating society's laws and protect other potential victims. Generally, the criminal prosecution will proceed first, followed by the civil lawsuit, unless a filing deadline must be met.

Question: Can there be both a criminal prosecution and a civil lawsuit?

FAQ: Crime Victim Lawyers
Answer: Yes. Crime victims can pursue both options. Usually the civil case follows the criminal prosecution, but may take place during it or even in the absence of a criminal case, especially in situations where the perpetrator is never caught. In most cases the criminal prosecution usually happens first, because if convicted, this fact will help establish fault in the civil lawsuit.

CAN I PURSUE CRIMINAL PROSECUTION OF A BAD CHECK?

CHECK FRAUD - FREQUENTLY ASKED QUESTIONS AND ANSWERS
Whether the issuance of a bad check is a crime will depend on several factors. You should review these factors carefully against the particular facts in your case before applying for a warrant or a citation. The elements of the criminal offense of Deposit Account Fraud (Bad Check) are contained in your State's Criminal Code of Laws.

WHAT IF A CRIMINAL PROSECUTION CANNOT BE MADE ON A BAD CHECK I HAVE RECEIVED?

CHECK FRAUD - FREQUENTLY ASKED QUESTIONS AND ANSWERS
You may still be able to collect the check, which is a contractual promise by the maker of the instrument that it may be presented for cash at the maker's bank for cash on demand.

What may be the largest criminal tax fraud prosecution in U.S. history?

Bob Jensen's threads on accountancy scandals
quot;Prosecutors in KPMG Tax Shelter Case Offer to Try 2 Groups of Defendants Separately," Lynnley Browning, The New York Times, October 5, 2006 --- Click Here Last year, 16 former KPMG employees, as well as a lawyer and an outside investment adviser, were indicted by a federal grand jury in Manhattan on charges that they conspired to defraud the Internal Revenue Service by creating and selling certain questionable tax shelters.

If I want to pursue a criminal prosecution and a civil lawsuit, which should be pursued first?

Frequently Asked Questions: CrimeVictimLaw.com
Generally, it is important for the criminal prosecution to proceed first, because a conviction in the criminal prosecution can help establish liability in the civil lawsuit. If the time to file a civil lawsuit will run out before the end of the prosecution, the civil lawsuit may be filed while the prosecution is still pending. To ensure that filing deadlines are met, victims considering filing a civil lawsuit should consult an attorney as soon as possible after the crime.

Who pays for the lawyer in a criminal prosecution and a civil lawsuit?

Frequently Asked Questions: CrimeVictimLaw.com
In a criminal case, the government pays for all the costs of the prosecution. In a civil case, the victim pays a fee to her attorney. Since many victims cannot afford the cost of an attorney for a civil case, the attorney's fee is usually a percentage of any financial award the victim receives at the conclusion of the case.

Question: What is the difference between a criminal prosecution and a civil lawsuit?

FAQ: Crime Victim Lawyers
Answer: Criminal prosecution, involves action by law enforcement to punish the criminal for violating the law and to protect society. In a civil lawsuit, the type our attorneys handle, the goal is to help the victim find justice through financial compensation. We can recover money from the criminal or from people responsible for security where the crime occurred. More information >>

WHAT REASONS FOR DISHONOR OF THE CHECK WILL SUPPORT A CRIMINAL PROSECUTION?

CHECK FRAUD - FREQUENTLY ASKED QUESTIONS AND ANSWERS
No account / Account closed - this is based on the status of the account at the time the check was made, drawn, uttered, or delivered, not at the time it was presented to the bank for payment. Lack of funds - the check must have been deposited or presented for payment within thirty (30) days of the date of delivered, and the accused has failed to make payment of the check and a service charge within ten (10) days after receiving written notice that the check has been dishonored.

Can the FBI use FISA surveillance to get evidence for criminal prosecution?

Foreign Intelligence Surveillance Act
FISA surveillances must have an intelligence purpose. 50 U.S.C. §1804 (a) (7)(B). But courts allow FISA-obtained information to be used in criminal trials. See, e.g., Exec. Order No. 12,333, 3 C.F.R. 200, 211 (1982), reprinted in 50 U.S.C. § 401 note (1994) (allowing the dissemination of information incidentally obtained during intelligence gathering that indicates activities potentially violating any law).

Will my license be denied because of a criminal conviction in my past?

Administrative Law: Business and Professional Licenses
Whether the conviction is grounds for discipline is dependant on the license. Typically, a conviction is a ground for discipline if it is a felony or a misdemeanor involving moral turpitude. For licenses governed by the California Business and Professions Code, a conviction is grounds for discipline only if it is substantially related to the business or profession.

What if the prosecution doesn't give me the information I requested?

Speeding Ticket FAQ
If your state mandates that certain items be given you, and they aren't, or the court orders that certain items be given you, and they aren't, you can ask for a Motion to Dismiss for failure to provide Discovery and it's likely the motion will be granted. However, if no such mandates exist and the court has not ordered that certain items be given you, there is little likelihood that a dismissal will be granted.

Why was prosecution declined?

City of Phoenix Law Department - FAQ
Each semester third year law students who attend Arizona State University College of Law are selected to participate in the City Prosecutor's internship program and work with the Phoenix City Prosecutor's Office. For additional information: Neither the Phoenix City Attorney's Office nor the Prosecutor's Office can provide legal advice to citizens of Phoenix.

Will past government service be taken into account for applicants?

Questions about the Transporation Security Administration
Yes, your past federal service will generally be added to the service computation date for retirement and leave purposes. However, past government service will not give applicants a preference.

What do I do if my account is listed as past due or over the limit?

Business Center FAQ
Simply contact your Account Representative or our Customer Care department at 1-877-727-4448. They will be happy to help you.
More Questions >>

© Copyright 2007-2012 QueryCAT
About • Webmasters • Contact