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    Don Stewart's Avatar
    Don Stewart Posts: 6, Reputation: 1
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    #1

    Jul 27, 2006, 04:37 PM
    Can Petitions Help in a criminal case?
    I was wondering if someone could tell me If a petition or a group of signatures and putting in a good word for someone that is being tried for an internet crime would be of good use to a client and could be used by his lawyer.

    Can petitions be good for someone being convicted of any crime, especially where there past record is clean?

    Thank You


    Don
    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
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    #2

    Jul 27, 2006, 04:55 PM
    Any positive feedback from the community, presented to the judge, can only help. The more influentail the person the better. By all means, bring them before the judge.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 27, 2006, 06:15 PM
    I doubt if it would or could be used as any evidence during the trial, since the witness in a trial has to be able to be cross examined.

    Also a petition would not having any evidence as to the actual crime.

    It could be used in a sentencing phase, to show the desires of an area or group of people
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jul 27, 2006, 06:22 PM
    That would have to be evidence that would be called as an exhibit. It would be up to the attorney as to whether this would be helpful.

    To help a Defendant you would need a witness who would have to be subpoenaed to court to testify. What you are speaking of would not necessarily help or hurt. Just remember that the Plaintiff can call for that piece of evidence to be dismissed because there is no actual proof of who REALLY signed the petition.

    I could sign 4,000 names and addresses. The law on this is extremely tricky. The Plaintiff would most likely require that each of the people signing to have to show up at court and testify for it to be helpful, then they would take the character of each person into account.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jul 28, 2006, 05:29 AM
    Hello Don:

    During the sentencing phase, character references are VERY important. Petitions?? I don't know. If someone is going to sign a petition, ask them to write a personal letter. It'll do so much more good.

    These references won't have anything to do with the trial phase, though.

    excon

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