PLA 3309 Lecture Notes - Lecture 4: Juvenile Delinquency, Massiah V. United States, Grand Jury
13 Aug 2016
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Criminal procedure --- part ii, section 1: expungement/sealing arrest records, two main requirements --- f. s. A person can be eligible for expungement if : defendant has never previously been convicted of a criminal offense or comparable ordinance violation (prior to filing petition to expunge or. Seal): the arrest defendant seeks to expunge/seal was resolved without a conviction, i. e. , not guilty verdict, court dismisses charges, state drops charges (nolle prosequi/no information notice), withhold of adjudication or pre-trial. P. 3. 989(d) --- form to use for written assignment. Right to counsel: sources, sixth/fourteenth amendments, fifth/fourteenth amendments --- due process (d/p, art. I, 16, fla. const: fla. r. crim. States: arraignment (powell v. alabama, adversary preliminary hearing (hamilton v. alabama, felony trial (gideon v. wainwright, misdemeanor trial unless judge certifies in writing that the defendant will not be imprisoned even if he is convicted. P. 3. 111(b): sentencing, appeals as a matter of right, i. e. , direct.
