• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Gotta ask a hypothetical based on a real case

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

quincy

Senior Member
His lawyer promised case would be dropped but changed mind last minute and said he had to take deal to avoid publicity and so he did
why the change? who knows

Just do not wish to reveal the what nots of the case publicly
Without facts, there is little to say.

For some reason the fellow's attorney thought the prosecutor had a convincing case and/or evidence enough to make a jury trial a risk.

Like you said: Who knows.

Tell your hypothetical friend to get from his attorney a better explanation of what happened and why - or have him find an attorney who will review the case.
 


took a plea deal (probation/misdemeanor) Was totally innocent but was afraid "the bank pictures" might sway a jury
A lawyer after the fact said the pictures were legal and irrlevant and coulda been kept out (in liminie? ) an the states case was otherwise non existent because the police on the record said they had no idea if "the bank had even been robbed in the first place" no money was missing I wish I could be more specific and not use parallel examples!!!

The term "in limine" means "preliminary". The evidence would be thrown out during a pre-trial hearing, and the evidence would never be presented at a trial.

If someone unlawfully entered a place of business but nothing was stolen, the person who committed the unlawful entry was committing the crime of burglary. So, the fact that nothing was stolen does not mean that a crime was not committed.

Is this a situation in which 1) a person was accused of breaking into a certain place (burglary) and 2) police found, on the guy's computer, photos of similar places?
 

quincy

Senior Member
The term "in limine" means "preliminary". The evidence would be thrown out during a pre-trial hearing, and the evidence would never be presented at a trial.

If someone unlawfully entered a place of business but nothing was stolen, the person who committed the unlawful entry was committing the crime of burglary. So, the fact that nothing was stolen does not mean that a crime was not committed.

Is this a situation in which 1) a person was accused of breaking into a certain place (burglary) and 2) police found, on the guy's computer, photos of similar places?
I suspect this has nothing to do with burglary but has something to do with a sex-related crime or a sexual fetish, hence the reluctance to disclose any information.
 
I suspect this has nothing to do with burglary but has something to do with a sex-related crime or a sexual fetish, hence the reluctance to disclose any information.
I think you're right, and I think I have this figured out.

The defendant was accused of taking a photo up a woman's skirt (upskirting).

The woman suspected that the defendant had upskirted her, but the police could not find any photos of that woman's nether regions on the defendant's computer. So, there was no evidence that either the defendant or any one else had upskirted the woman.

However, the defendant had gone online and had found photos of other women who had been upskirted. Since the photos had not been taken by the defendant and since the defendant had merely downloaded them, the defendant's possession of these photos was legal. But the jury might have been swayed by the presence of the photos to convict the defendant.
 

quincy

Senior Member
I think you're right, and I think I have this figured out.

The defendant was accused of taking a photo up a woman's skirt (upskirting).

The woman suspected that the defendant had upskirted her, but the police could not find any photos of that woman's nether regions on the defendant's computer. So, there was no evidence that either the defendant or any one else had upskirted the woman.

However, the defendant had gone online and had found photos of other women who had been upskirted. Since the photos had not been taken by the defendant and since the defendant had merely downloaded them, the defendant's possession of these photos was legal. But the jury might have been swayed by the presence of the photos to convict the defendant.
Well ... that is a possibility. There could be many many many other possibilities. That is one problem with hypotheticals. :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top