Murder Related Questions
What is murder?
Murder is the act of unlawfully killing another individual by intended malice. The pre-planning of murder is what separates murder from manslaughter. When a person murders another person, they typically know that their actions will result in a death, while manslaughter is a crime that lacks the prior intentions to kill. Below are a few of the more commonly asked questions regarding murder.
Can I sue the DA and the police if wrongly accused of murder?
Case Details: I was falsely accused and arrested for murder. The person who accused me finally told the truth but I spent four months in jail after the truth was told to the DA and police.
In order to have a successful lawsuit against the police, you would have to show that there was misconduct and negligence on their part; otherwise government agencies are immune from prosecution. You should consider speaking with an attorney and let them decide it you have enough evidence to file suit against the police department and the DA.
Probable cause is enough reason for the police to arrest a person. This makes it easy for anyone to report a crime and give the police enough information to assume probable cause, which usually results in an arrest. However, you will have to prove that the police department was acting without probable cause. This is going to be hard for you to prove because the police did release you after they realized the arrest was based on a lie from the person reporting the crime.
Your best bet at this point is to speak with a civil litigation lawyer and tell them all of the facts. If the attorney thinks you have a case, then you should proceed. However, you may want to think about suing the person who made the false report. If you are determined to file suit against the police department, you will need to notify them that you are filing suit. The statute of limitations for filing suit in Louisiana is one year from the date of the incident.
Does someone convicted of murder automatically serve the entire term if the sentense received is less than the minimum for the violation?
Case Details: The person accepted a plea agreement to 3rd degree murder in Pennsylvania in 2005. He was sentenced to 6-12 years in the plea agreement due to the circumstances of the crime.
Usually, when a person accepts a plea, that doesn't mean the person will have to serve the full term of the plea agreement. The parole board will be the one to decide how long the person will serve. The parole board will look at a few key factors when determining whether or not your son will remain incarcerated. Usually, the first thing the board looks at is the nature of the crime committed, comments or letters from the victim's family, how much of the sentence has been served, whether or not the person shows remorse for their actions and how they have acted during their sentence. Many times, the parole board will deny early release the first or second time a person is eligible for parole, this is common. Their view on early release is that it is a privilege, not a right and if the inmate shows no improvement or remorse, they will likely be denied.
Would an Alfred plead help in this case of a person convicted of murder?
Case Details: The person was in a fight with a man and the man died after the person left. The person was convicted of murder instead of manslaughter and sentenced to life in prison.
An Alfred plea is commonly used to avoid a more severe penalty for the crime. When a person is claiming complete innocence in relation to the crime but has outstanding evidence against them, they take the Alfred plea while continuing to claim their total innocence. In this situation, there was evidence that your son was guilty to some extent which would not warrant the Alfred plea. If your son appeals his case, the issue needs to lean towards manslaughter charges verses murder charges and not an Alfred plea.
The act of murder is a life altering event for everyone involved. If you have been involved in or affected by murder, you should consult a legal Expert.