Criminal Litigation

Front 1

Elements of offense?

Back 1

any fact which must be proven beyond a R.D before the defendant can be found guilty of the offense.

Front 2

DUI

Back 2

1). Must be driving or actual control of vehicle 2). BAC over legal limit by alcohol or drugs 3). any position to make a car operable.

Front 3

sentencing on a DUI

Back 3

1)$500 FINE
2). Admit guilt
3).Terms of probation
4). 50 hrs of community service
5) DUI school
6). victim awareness class
7). 10 day vehicle impound (even if its not yours)
8). 6 mths D.L suspension

Front 4

when does DUI becomes felony?

Back 4

1) cause death or serious bodily injury
2) 3rd offense w/ in 10 yrs of 2nd DUI
3). 4th in a lifetime

Front 5

Blood testing in DUI

Back 5

A person can be required to submit to a blood test IF:
1). officer has probable cause for DUI
2). defendant goes to hospital
3). the DUI is a felony

Front 6

DWLS: Driving while license is suspended

Back 6

1). Defendant driving
2). License was suspended
3). defendant knows about it

Front 7

NVDL: NO valid drivers license

Back 7

1). defendant driving
2). never had a valid drivers license

Front 8

R.D: Reckless driving

Back 8

1). driving
2). driving in a manner that is reckless to life

Front 9

LSOC: Leaving the scene of a crime

Back 9

1). driving
2). ordered to stop or remand stopped
3). willfully failed to comply

( F3 in must cases)

Front 10

1st degree murder

Back 10

The defendant killed the victim in a pre meditated manner
(capital offence)

Front 11

2nd degree murder

Back 11

defendant killed the victim by committing an act w/o record to premeditation

P.B.L

Front 12

manslaughter

Back 12

defendant action causes the death of the victim

(F2 up to 15 yrs)

Front 13

Felony Murder

Back 13

Victim death happen while the defendant was committing a felony

(F2 capitol or life sentence)

Front 14

Self defense

Back 14

the defendant has the burden at trail to produce some evidence that he was reasonably in fear of bodily harm. if they prove the burden then it shift back to the state and the state has to prove that the defendant wasn't using self defense

Front 15

Open carry

Back 15

M2 crime show that the defendant knowingly carrying a firearm

Front 16

conceal carry

Back 16

a weapon is a M1 and if a firearm F3

Front 17

Improper

Back 17

defendant knowingly carried the weapon, display to others (M1)

Front 18

3 basic elements of drugs

Back 18

1). defendant has drugs
2) it was contraband
3) defendant knew he had it

Front 19

seal and deliver

Back 19

the defendant sold/purchased/delivered/substance
2)it was contraband
3) defendant had knowledge

Front 20

sexual battery

Back 20

1)defendant committed an act upon the victim
2) sexual organs had contact
3) w/o concent

Front 21

what does consent mean?

Back 21

its the state burden to prove that there was no consent
(under 16 no consent at ALL)

Front 22

Unlawful sexual activity

Back 22

1)defendant committed an act
2) unlawful sexual activity doesnt apply to an adult

Front 23

crime

Back 23

unlawful act in which a person potentially can be charged.

Front 24

M2

Back 24

2nd degree misdemeanor
up to 60 days in jail
500 fine
6mths probation
(can be all 3)

Front 25

M1

Back 25

1st degree misdemeanor
1yr in jail
$1000 fine
1 yr probation

Front 26

F3

Back 26

3rd degree felony
5yrs D.O.C/prison
$5000
5yrs probation

Front 27

F2

Back 27

2nd degree fel
15 yrs in jail
$10000
15 yrs probation

Front 28

F1

Back 28

1ST degree felony
30 yrs in prison
$10000
30 yrs probation

Front 29

life felony

Back 29

up to life
$15000

Front 30

VOP: Violation of Probation

Back 30

defendant can be sentenced to anything he would've gotten on the 1st sentence

Front 31

Score sheet

Back 31

points given to felonies, lower points, less likely to go to jail. more serious crimes more points. take in a count prior

Front 32

rare cases

Back 32

defendant score may be higher than max. penalty when that happens the score sheet controls

Front 33

Min. Man

Back 33

a min. term of prison that a judge can lawfully impose. (10-20-life) overrides score sheet. score sheet always controls!

(DUI carries Min man)

Front 34

Who can carry a firearm

Back 34

anyone can get a conceal weapon EXCEPT a felon

(F3 if felon)

Front 35

Property crimes

Back 35

Trespassing in a structure defendant entered/stayed there

Front 36

stealing property less than $300

Back 36

its a misdemeanor if more its a felony