QUESTION
What defines a charge for dealing with Credit Default Swap?
Asked on Sep 06th, 2012 on Criminal Law - Florida
More details to this question:
If they have to test the substance to determine what it is, how do they charge? If you are charged with crack cocaine & their evidence in court is powder cocaine - as two different substances, isn't that a reversible error to allow the powder to be entered?
9 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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The title, Credit Default Swap, has nothing to do with the text. You'll get your answers about what and why police and prosecutors did things, and charged they way they did, but only when your attorney gets the discovery files in court at your arraignment. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in the case.
Answered on Jun 28th, 2013 at 12:18 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Are you sure we're talking about credit default swaps?
Answered on Jun 28th, 2013 at 12:09 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No.
Answered on May 22nd, 2013 at 3:52 AM
It's STILL cocaine. It's STILL ILLEGAL. Are you stating that the cops SWITCHED your cocaine for another's cocaine? That would destroy their case against you . . . if that's the case.
Answered on Sep 19th, 2012 at 8:46 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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In state court, you'd just be charged with "cocaine possession." It could always be amended or re-filed within the Statute of Limitations anyway.
Answered on Sep 14th, 2012 at 2:16 PM
If you have cocaine on you either crystal or powered you will be charged with possession of a controlled substance. After the test results come back the complaint can be amended to reflect the form it is in.
Answered on Sep 14th, 2012 at 2:15 PM
A Credit Default Swap is a financial transaction, one that nearly sunk Wall Street. A drug charge can be amended to anything the lab results indicate the substance in question was. No get out of jail free card if it is not what law enforcement originally thought it was.
Answered on Sep 14th, 2012 at 2:13 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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There is a lot of background to the story you haven't stated.? If the DA charges you with a crime, of course, they have to have evidence for that crime.? They can't bring in different evidence to? "pinch hit".
Answered on Sep 14th, 2012 at 2:11 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This question needs to be rephrased. The statute defines the charge. The standard jury instructions help to define it further, because they usually break the charge into its essential elements. What statute are you charged with? These are questions that can only be answered with a full knowledge of the facts.
Answered on Sep 14th, 2012 at 12:29 PM