James Ray’s Post

How Do You Prove Wrongful Death? When the results of a criminal investigation lead prosecutors to believe there is enough evidence to convict one individual of having deliberately caused another's death, they may file several felony charges related to the death. In these instances, the friends and family of the deceased person may have the opportunity to observe as the state takes on the duty of prosecuting the crime. However, not all cases will lead to criminal charges–and even a "guilty" verdict will not result in compensation for surviving family members. Surviving family members who have suffered losses as a result of the death may still be able to seek monetary compensation through the civil courts, regardless of whether a criminal case is pursued. These civil actions, known as wrongful death cases, are subject to a different set of evidentiary requirements from those prosecuted through the criminal justice system. Click the link to read an all-new article from the blog of our experienced wrongful death attorneys at Shilled Mackall Seldon & Spicer and learn more about how you may be able to prove a wrongful death case. https://lnkd.in/eRgDuKUz #SMSS #ShillenMackallSeldonSpicer #PromotingJustice #PromotingJusticeLawFirm #WrongfulDeathAttorneys #VermontWrongfulDeath #JusticeForEarlyDeath #WrongfulDeathLawyers #FreeConsultation #FuneralExpenses #MedicalBills #PainAndSuffering #LegalHelpForWrongfulDeath

How Do You Prove Wrongful Death? When the results of a criminal investigation lead prosecutors to believe there is enough evidence to convict one individual of having deliberately caused another's death, they may file several felony charges related to the death. In these instances, the friends and family of the deceased person may have the opportunity to observe as the state takes on the duty of prosecuting the crime. However, not all cases will lead to criminal charges–and even a "guilty" verdict will not result in compensation for surviving family members. Surviving family members who have suffered losses as a result of the death may still be able to seek monetary compensation through the civil courts, regardless of whether a criminal case is pursued. These civil actions, known as wrongful death cases, are subject to a different set of evidentiary requirements from those prosecuted through the criminal justice system. Click the link to read an all-new article from the blog of our experienced wrongful death attorneys at Shilled Mackall Seldon & Spicer and learn more about how you may be able to prove a wrongful death case. https://lnkd.in/ecG-aM5R #SMSS #ShillenMackallSeldonSpicer #PromotingJustice #PromotingJusticeLawFirm #WrongfulDeathAttorneys #VermontWrongfulDeath #JusticeForEarlyDeath #WrongfulDeathLawyers #FreeConsultation #FuneralExpenses #MedicalBills #PainAndSuffering #LegalHelpForWrongfulDeath

Yesterday, an Anchorage jury convicted 35-year-old Michael Roberts Jolly of one count of Assault in the Third Degree for strangling a domestic partner. Jolly was also convicted of felony Fear Assault in the Third Degree for placing the victim in fear by this same conduct. Jolly was previously convicted of Assault in the Fourth Degree from this same incident in November 2023, but the jury was unable to reach a unanimous verdict on the felony charges at that time. Jolly faces up to five years imprisonment for the Assault in the Third-Degree charges. Sentencing is scheduled for August 29, 2024. Assistant District Attorney Ashley McGraw prosecuted this case. Last week, on April 25, 2024, an Anchorage jury convicted 24-year-old Cyaron Javon Antonio Williams of one count of Assault in the Third Degree for recklessly causing physical injury by means of a dangerous instrument, specifically using hands or other objects to impede normal breathing or circulation of blood by applying pressure on the throat or neck or obstructing the nose or mouth. Williams was also convicted of two counts of Assault in the Fourth Degree. Williams faces up to five years imprisonment for the Assault in the Third Degree charge. Sentencing is scheduled for September 19, 2024. Assistant District Attorney Kelsey Croft and Julia McCartney prosecuted this case. Patrol officers and domestic violence investigators with the Anchorage Police Department investigated both cases. Read more at: https://lnkd.in/gbh9agpd #WeAreAKLaw #Alaska #Anchorage #DistrictAttorney #DomesticViolenceAwareness #DomesticViolenceUnit

How Do You Prove Wrongful Death? When the results of a criminal investigation lead prosecutors to believe there is enough evidence to convict one individual of having deliberately caused another's death, they may file several felony charges related to the death. In these instances, the friends and family of the deceased person may have the opportunity to observe as the state takes on the duty of prosecuting the crime. However, not all cases will lead to criminal charges–and even a "guilty" verdict will not result in compensation for surviving family members. Surviving family members who have suffered losses as a result of the death may still be able to seek monetary compensation through the civil courts, regardless of whether a criminal case is pursued. These civil actions, known as wrongful death cases, are subject to a different set of evidentiary requirements from those prosecuted through the criminal justice system. Click the link to read an all-new article from the blog of our experienced wrongful death attorneys at Shilled Mackall Seldon & Spicer and learn more about how you may be able to prove a wrongful death case. https://lnkd.in/eqYxE4-6 #SMSS #ShillenMackallSeldonSpicer #PromotingJustice #PromotingJusticeLawFirm #WrongfulDeathAttorneys #VermontWrongfulDeath #JusticeForEarlyDeath #WrongfulDeathLawyers #FreeConsultation #FuneralExpenses #MedicalBills #PainAndSuffering #LegalHelpForWrongfulDeath

California Penal Code Section 243(d) outlines the elements that make up the crime of aggravated battery: ·        purposefully touching another person, ·        that touching was offensive or harmful, and ·        it caused serious bodily injury to the victim. Serious bodily injury is defined as any injury that is more than a minor one. And while the victim does not have to seek medical treatment for the injury, it should have seriously impaired their physical condition. In California, aggravated battery is considered a “wobbler” offense. So, the prosecution is allowed to charge the case as either a misdemeanor or a felony, depending on the severity of the victim’s injury and the defendant’s criminal record. Whether the defendant is charged with a misdemeanor or a felony, their possible defenses will remain the same— ·        Proclaiming self-defense, ·        Showing the battery was an accident, ·        Demonstrating that there was no serious bodily injury, and ·        Proving you are being falsely accused. Accusations of aggravated battery should be taken very seriously. You need a strong defense to make it out on top. #criminaldefense #cpcsexualbattery #californiasexualbattery #criminalattorney #californiacriminalattorney https://smpl.is/8uo4a

Serious accident cases leading to death are very often charged by prosecutors in Southern California as Implied Malice murder cases. The offense is also known as a "Watson" 2nd degree murder charge and carries a 15-years to life sentence. Many of these defendants, facing a life sentence, do not have a criminal record and may be very young. A recent Court of Appeals decision (our attached Daily Journal article) recognizes prosecutorial discretion to bring such a serious charge. In my time with the LA District Attorney's Office from 1993-2005, my colleagues and I typically charged Watson murder when the defendant had a prior DUI or multiple DUIs. However, as reported in many recent news stories, the Watson charge is being brought more liberally by prosecutors - even in cases where there was no alcohol use prior to the accident. One example is the horrific Pepperdine crash, which does not appear to be alcohol related. Per the article below, a defense attorney cannot argue for a lesser manslaughter offense to a jury and it is an "all or nothing" outcome for the client with a murder charge. #criminaldefenselawyer #jurytrial #duidefense

A man wrongfully convicted of murder has filed a lawsuit against police and prosecutors, alleging they fabricated evidence to secure his conviction. DeWayne Dunn spent nearly thirteen years in prison before being exonerated. The case against Dunn hinged on the testimony of two eyewitnesses who claimed he did not kill his neighbor, Angel Torres. However, prosecutors presented a different narrative, alleging that Dunn bludgeoned Torres to death with an unidentified weapon. Dunn’s lawsuit is the latest in a series of legal actions against Elkhart officials stemming from wrongful convictions. The city has already paid millions in settlements to other exonerated individuals. Key allegations in the lawsuit include: 🗝️ Fabrication of evidence by police 🗝️ Perjury by forensic experts 🗝️ Systemic misconduct within the Elkhart Police Department and Prosecutor's Office Despite acknowledging past misconduct, the city maintains that the current police department is committed to reform and accountability. Dunn’s case highlights the ongoing issue of wrongful convictions and the importance of holding law enforcement accountable for their actions. #AKInvestigations #WrongfulConviction #JusticeDelayed #PoliceReform #Exoneration #CivilRights

Until Massachusetts starts to acknowledge what is happening in our state when leaving psychosis untreated, we will continue to see these types of tragedies. The reality is that someone experiencing psychosis has hallucinations and/or delusions which they 100% believe to be real - this can be episodic as well. The only way to treat psychosis is with antipsychotics. So what happens when we leave psychosis untreated? The delusions and hallucinations exacerbate and there is no way to predict if or when the person will become dangerous. Massachusetts has made severe mental illness a public safety issue in not having solutions to treat those who are too sick to know they are ill (ansognosia is a common symptom of these illnesses). It is critical that our state pass an Assistant Outpatient Treatment Law as 48 states now have. In not providing solutions for those with severe mental illness we are creating trauma not only for those living with these no-fault brain illnesses, but for families and the community. #shatteringsilence #inspringchange #AOTNOW Office of Massachusetts Governor Maura Healey Andrea Joy Campbell Massachusetts Trial Court U.S. Attorney's Office for the District of Massachusetts Massachusetts State Police Massachusetts Chiefs of Police Association Massachusetts Sheriffs' Association Massachusetts Department of Public Health Massachusetts Department of Correction Massachusetts Department of Mental Health (DMH)

While our laws demand that criminals should be prosecuted, convicted, and incarcerated, we do not presume our citizens as criminals. We presume that they are innocent. To overcome that presumption and to sustain a conviction in criminal cases, it is the prosecution's duty to establish all the elements attendant to its commission beyond any acquitting doubt. No less than the Constitution requires a fair hearing in public, an able assistance of counsel either by choice or by designation, and a meaningful opportunity to present evidence and confront their accusers, if they so desire. Thus, for a complex crime, all the elements of both constituent felonies must exist as established and proved by the evidence. The accused is not even required to present her defense, for the case shall rise and fall on the strength of the State's case against her. Such is the nature of our Constitution. This demanding burden of proof is imposed upon the Government because it has all the powers and resources available at its disposal against the lowly citizen - such that when there is doubt on the People's case, the Court will err on the side of liberty and acquit.

Murder, assault, and battery are all examples of violent crimes, which are offenses that are committed with the threat or actual use of force against another. These offenses range in severity from misdemeanors punishable with probation to felonies punishable by imprisonment. Some offenses, such as vehicular manslaughter, do not require proof that you intended to harm another. There may be valid defenses to charges involving violent crimes. For example, if you were attacked by someone else, you generally have the legal right to defend yourself. However, these defenses apply only in certain circumstances, and you have the obligation to show that those circumstances are present in your case. For more information, click the link below or call Cohen Law Offices at 715-514-5051 for the best help you can hire. Remember, being too quick in choosing your lawyer may end up giving you a long time to think about your choice. Results Matter. 🔗 https://lnkd.in/grdVWghk #CohenLawOffices #EauClaire #OWI #WisconsinOWIDefense #OWIDefense #DrunkDrivingDefense #WisconsinCriminalDefense #WisconsinFelonyDefense