A preliminary investigation is a process that takes place immediately after a crime has been committed, in which police or investigators determine whether there is sufficient evidence or cause to charge the defendant or suspect.Continue Reading
The first law enforcement on the scene are usually the ones to carry out any preliminary procedures and help to ensure the safety of law enforcement and citizens. The preliminary investigation often involves steps such as assessing the situation or resolving crime in progress. Afterwards, law enforcement determine if any additional services, such as medical or emergency assistance, are required. According to Legal Source, officers must then determine if a crime has been committed, and if so, what type of crime. Identifying suspects, witnesses and victims can assist officers in determining whether a crime has occurred.
After gathering evidence from the scene, officers must then determine if there is sufficient evidence or reason to arrest and charge any suspects. Officers often use eye-witness accounts, security device footage such as security camera videos or audio, and crime-scene evidence in order to identify and charge any suspected individuals. If there proves to be enough evidence to support a charge, law enforcement may arrest and charge the suspect, who then goes on trial.Learn more about Law
A motion to suppress is a request made in a criminal trial by the defendant, asking the judge to exclude evidence because it was gathered illegally or in violation of the defendant's constitutional rights, states Nolo. The judge decides whether or not to grant the motion.Full Answer >
A defendant handles a negligence claim by presenting evidence that he exercised reasonable care, did not cause the plaintiff's damages, or did not owe a duty to the plaintiff, FindLaw notes. His defense sometimes incorporates the doctrines of comparative negligence, assumption of risk, or contributory negligence, depending upon how the plaintiff contributed to his injury.Full Answer >
Prove a contract was breached by presenting evidence that a contract existed and was broken, that the defendant is the responsible party, and that a monetary loss is involved, advises Nolo. A breach of contract results when one party doesn't pay a bill or fulfill the terms of a contract.Full Answer >
A motion to dismiss includes a proof that the evidence against the defendant is not enough to accuse the him and a proof that the case is based on falsehood instead of facts, meaning the defendant should not go on trial, according to Legal Match. Documents that may back the motion include depositions, police reports and affidavits. For the documents to be admissible in a court of law, the defendant must swear an oath to them.Full Answer >