Criminal Court Process

A “preponderance of the evidence” is evidence that shows that it is more likely than not that a fact is true. The term refers to an evidentiary standard that most jurisdictions apply in personal injury cases and other civil matters. Most states say that “more likely than not” means that it is more than 50 …

“Necessity” is an affirmative defense in which a defendant admits to committing a criminal act, but contends that doing so was necessary in order to prevent even greater harm. Defendants have the burden of proving this defense and must do so by a preponderance of the evidence. If successful, the accused may be entirely acquitted of …

When Can I Do Electronic Monitoring Instead of Jail?Watch this video on YouTube Electronic monitoring is the procedure courts and law enforcement use in criminal cases to monitor a person sentenced to any type of home confinement or house arrest program. The procedure uses an ankle bracelet that people wear to help tell authorities whether …

How to present an "Alibi" defense? A former D.A. explainsWatch this video on YouTube In criminal law, an alibi defense is where you present evidence that you could not have committed the crime of which you are accused because you were somewhere else when the crime occurred. For example, the crime happened Monday night in …

Updated July 16, 2021 A Motion to Vacate a Judgment is a legal document that defendants file in a criminal case after they have entered a plea of guilty or nolo contender or “no contest,”  or after they are found guilty at a court or jury trial. If a judge finds good cause to grant …