Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

To Sean keefer: a security guard was the sole complaintant…

Customer Question
Second opinion] To Sean keefer...
Second opinion] To Sean keefer : a security guard was the sole complaintant against my niece, and the security guard charged my niece with removal of a shopping cart.We are loasked to write what the style of the case is.It cannot be the State vs. My niece because the State initially refused .So this is tricky because the actual owner has no complaint(s)So we put:
The name of guard (Security guard and non -owner/ Sole plaintiff)
( The State initially refused when case(s) began in General District Court, and subsequently lsecurity guard was forced to represent himself as Security guard, since the property owner had no complaint(s) ;however, State was subsequently forced to be involved on appeal to Circuit Court in November ,2017.)Question: is this ok?
Submitted: 2 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
3/20/2018
Criminal Lawyer: Sean K, Lawyer replied 2 months ago
Sean K
Sean K, Lawyer
Category: Criminal Law
Satisfied Customers: 761
Experience: Attorney/Member in Private Law Firm
Verified

Thank you for requesting me on this.

Question - do you have anything that has been filed with the Court in document form?

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
Can the court change the original charges because they think that it makes them look bad?
Criminal Lawyer: Sean K, Lawyer replied 2 months ago

Meaning can the Court decide to change the charges if the Court believes the charge makes the Court look bad?

Ask Your Own Criminal Law Question
Criminal Lawyer: Sean K, Lawyer replied 2 months ago

So courts are really not concerned with how they are perceived. As a result of this, it is likely that a Court would not just change a charge on the whim of a judge. More likely if there was a question that related to the validity of the case or an issue with it the Court would just dismiss the case.

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
There was no question of validity. The Judge stated he does not have to follow the law. It was appealed. The Judge told several lawyers to stop this appeal. When they could not the charges were changed. The clerk said another clerk made an error and there was no going back. Is this true?
Customer reply replied 2 months ago
Why do you say the courts do not care how they are perceived. Do you mean to layman or a Supreme Court?
Criminal Lawyer: Sean K, Lawyer replied 2 months ago

Since Court's don't bring the charges they don't have a concern as to how they are thought of as they just dispose of or finalize any case brought before them. In other words, it was not a judge that started any case that would be in the system.

A judge will dispose of a case as they see fit - (as an aside, I am surprised a judge would say that he does not have to follow the law, and if that was actually said, it may not be a bad idea to get a copy of that transcript and follow up on that). Now, judges will from time to time look at a case and believe, in their opinion, that a case should not be in Court and will encourage the parties to resolve it, but it is very peculiar that charges would be changed. If an error was made by a clerk, then that error could easily be remedied and the case proceed a proper.

As to judges not being concerned as to how they are viewed, they do what they believe is called for and if there is a problem, the parties are encouraged to take the matter up with a higher court.

I have never heard of or seen a case where charges were brought in a criminal matter and a Court or judge, as a result of being concerned that someone may think the Court will look bad, changing the charges. If they happened, then the likely result is that the charges being changed would make another group of people think the Court looked bad. Bot***** *****ne is that judges cannot concern themselves on how people feel or think about them, they have to follow the law and if they do that, then opinions don't matter. That is why if a judge said on the record they did not have to follow the law that needs follow up.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Lawyer
Category: Criminal Law
Satisfied Customers: 761
761 Satisfied Customers
Experience: Attorney/Member in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
what happens after a harassment complaint is filed with police
what happens after a harassment complaint is filed with police do the other person get notified and if the other person already has crimminal case going on do the laywers or courts find out… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
How do I file a case for Adultery in the Philippines court
How do I file a case for Adultery in the Philippines court system on my Filipino wife from the USA? My wife has a USA green card and living in the Philippines and I am in USA.… read more
Nate
Nate
Lawyer
Juris Doctor
1,736 satisfied customers
I have a verbal no-contact order given to me by the police
I have a "verbal" no-contact order given to me by the police department. This was told to me over the phone on Jan17th. On Feb14th I went to court on my family law matter for MY motion for Genetic Tes… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was caught stealing a candy bar at the gas station. The attendant
I was caught stealing a candy bar at the gas station. The attendant saw me take it approached me and told me to give it to him and said to leave the store and don't come back. There was a police offic… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,388 satisfied customers
what does not an arraignment charge mean in new york?
what does not an arraignment charge mean in new york?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I got caught for shoplifting at Costco in Scottsdale. I stole
I got caught for shoplifting at Costco in Scottsdale. I stole $34 worth of merchandise. I had other items in my recycle shopping bag. I was on antidepressant and was not clearlly focused. At last minu… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers
Hi, I was acccused of patronizing a prostitute in Seattle,
Hi, I was acccused of patronizing a prostitute in Seattle, WA in Aug 2012. I appeared in the court and No Complaint was filed. I was given a defendant copy (pink copy) of the same. I am now receiving … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I just found out I have a warrant in Indiana for a 4 year old
I just found out I have a warrant in Indiana for a 4 year old civil case that I paid off. I spoke with plantiff after the suppeona was delivered to my mothers house in Indiana. They said they would le… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Husband was charged for estafa in 1985. His estranged wife
Husband was charged for estafa in 1985. His estranged wife for 4 yrs. prior to said case has been incriminated by complainant even if not involved in said case, which case is already in the Court Appe… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is a bill of information? Is this legally required in
What is a bill of information? Is this legally required in all criminal cases? What happens if there was no bill of information?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I do not think the prosecutor amended the charges.the
I do not think the prosecutor amended the charges.the prosecution refused the case initially and the security guard prosecuted my niece. The security guard is listed as the sole complaintant with the … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
534 satisfied customers
When my niece was being harrassedcby the security guard for
When my niece was being harrassedcby the security guard for "removal of a shopping cart ", My niece's pocketbook and bags and all her pockets were searched thoroughly. The security guard even took her… read more
Sean K
Sean K
Lawyer
761 satisfied customers
The appellate court asked me for The style of the case. I
The appellate court asked me for The style of the case. I asked the court and they said they did not know what this meant. And then they just passed the buck.Finally after numerous clerks saying that … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,157 satisfied customers
Is it possible for a court to change the charge from what
Is it possible for a court to change the charge from what the original summons stated , after the trial on the original charges?… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
534 satisfied customers
To Sean keefer: a security guard was the sole complaintant
To Sean keefer : a security guard was the sole complaintant against my niece, and the security guard charged my niece with removal of a shopping cart.We are loasked to write what the style of the case… read more
Jonathan Holson
Jonathan Holson
JD
99 satisfied customers
You said in an earlier answer :significant proof otherwise
You said in an earlier answer :significant proof otherwise the Judge dismiss the case. However my niece was arrested for removing a shopping cart buy a security guard when in fact the shopping cart wa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can you please tell me what rights I have in California when
Can you please tell me what rights I have in California when I go shopping at a store and the store security attempt to detain me for alleged shopping, where I have done no wrong? Can I simply walk aw… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I was accused of shoplifting which I didnt do and I tried
I was accused of shoplifting which I didn't do and I tried to explain to the officer what could have happened but she refused to accept my explanation. It was a shirt and the store gave me a civil dem… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x