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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33544
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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What is the standard of proof in a criminal case. ie guilty

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What is the standard of proof in a criminal case. ie guilty of participating in a riot in prison.
What kind of a hearing was this?
Customer: replied 4 years ago.

It was at the prison. I can't tell but it was a violation of CCR3005 (d) (3)

That doesn't look like a correct cite. I am assuming that it is a violation of the Title 15: Crime Prevention and Corrections of the California Code of Regulations which deals with conduct in prison but Sec. 3005 doesn't have a (d), just a-c.

Section (c) states:

(c) Force or Violence. Inmates shall not willfully commit or
assist another person in the commission of a violent injury to any
person or persons, including self mutilation or attempted suicide,
nor attempt or threaten the use of force or violence upon another
person. Inmates shall not willfully attempt to incite others, either
verbally or in writing, or by other deliberate action, to use force or
violence upon another person.

If this hearing was to determine some type of in prison punishment, as opposed to guilt of a crime that carries an additional sentence, then the burden of proof is on the state and the standard is "by a preponderance of the evidence".

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating since that is the only way I get credit for my work. However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Customer: replied 4 years ago.

The hearing was to determine if he was guillty of participating in the riot. No one saw him, none of the correctional officers saw him and the hearing officer relied on numerous reports of Correctional officers that reported they observed groups of inmatesfighting and rioting throughout facility D recreation yard. My son was between d 3 and d4 yard not on the main yard. One report saw a group of 90 blacks near the basketball court. There is not 1 report of a correction officer or any other person who saw whether my son was down per instruction and alarm, or fighting. His defense is that he was working out and saw the riot and heard the alarm and got down immediately. The only evidence that is relevant or supports a finding of guilt is the schematic which was done after the riot and my son was identified as #139. The report of the LVN stated the only finding was redness on the upper torso. That doesn't support a finding that he was in face participating in the riot. Rather, as my son states, it was from laying face down on the asphalt for over 2 hours with his hands cuffed behind his back. The hearing officer mistated the findings of the LVN's report and stated: richardson had reddened to the torso area. It was the upper torso and only redness to that area. The LVN even states that if he was laying on the concrete for 2 hours handcuffed the injuries would be redness to the torso and scratches to the wrist. Other than the schematic after the riot that placed him in an area where the riot was taking place, there is no evidence to prove he was a participant and guilty. I just need to know how to rebut this finding of guilt so when he goes before his review board in mid January he can point out the error in the finding of guilt. He has been working to get his points down, almost copmpleted the vocation for construction, building management. He has really been trying hard and this finding of guilt is devastating to him.

I'm not sure what you are asking. To answer a question like "how to rebut this finding of guilt" would require a complete evaluation of all of the evidence and the facts which obviously we can't do on here.

As to what you have already listed, he would have to argue that there was no evidence to support the finding. No evidence is a valid argument on appeal. However, it sounds like he really needs a lawyer to get involved at this point and actually represent him. Has he contacted any attorneys about representation?
Customer: replied 4 years ago.

not yet. He is in the hole in Ironwood State prison so he is only allowed to write letters. I will see if I can retain a Lawyer in Blythe. Thank you for your expert responses. Yes I will give you a great review. Happy New Year.

Great, I'm glad I could be of some assistance.

Let me give you a link to a document,

Section 3084 deals with appeals.

Please don't forget to leave a Positive Rating, preferably Excellent, so I get credit for my work.

I wish you and you son the best.
Dwayne B. and 10 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for the web link. I figured it out . I was an attorney in California for 20 years , however, I suffered a Brain Injury so I don't practice. I got some good information from you and Thanks.

Good luck to you!

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