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Explanations and Definitions for Arrested Scam Victims: Terms &
phrases used by law enforcement and criminal defense attorneys.The
information on the pages in this section will help you
understand what is happening with your case, what to expect,
different phrases you will hear, and more.
While not a
complete run-down of the entire Justice System, after
reading this section you will have a much better
understanding of what is happening to you now, and what will
happen to you as you go along.
Important notice for arrested fraud victims
and their attorneys:
processes are not the same in all countries. The
Explanations & Definitions are generic to the US, Canada,
and countries whose Justice System is based in whole or in
part on British Law. Specifics differ from state to
state to territory, Province to Province, and country to country.
review this section with your Criminal Defense Attorney /
Public Defender so
that he or she can clarify any questions you may have and
explain what differences, if any, exist between the Explanations
& Definitions in this section and those local to you.
This means that instead of any conviction or trial the person is sent
directly into probation. The person must follow the conditions of
probation ordered by the court for anywhere from 6 months to a year
or occasionally 2 years,
and must report to a Probation Officer on a regular basis during the
appointments may be once a month, every 6 weeks, every other month,
or a regular telephone call to the Probation Officer. Any violation
can result in arrest and a reversal of the Prosecution's position in
Think of this as a period during which
you must prove your good behavior. The consequence of
violating the conditions of your probation is to start all over
again with a Defense Attorney in preparation for trial.
The consequence of good behavior
throughout the period of probation is often the dismissal of your
is an exchange of information between your attorney and the
Prosecuting Attorney. This is when each party shows the other what
they have, and nothing is supposed to be withheld. Not that the
withholding of information doesn't occur, it's just not supposed to.
attorney's request for Discovery should be as broad as possible,
encompassing every aspect of the Prosecution's notes and reports
from law enforcement officers and witnesses and any other possible
attorney is supposed to show the Prosecution everything you and
Fraud Aid have provided him, and this is one of the times when a
discussion of dismissal may arise.
Expunging your arrest record:
Removing the arrest from your record.
Arrested fraud victims will often find that they have been accused
of forgery when they know they have not forged any document, check,
or money order at all. Law enforcement has only just so many
statutes to work with; often, one statute covers multiple offenses
and forgery is one of these. Presenting a forged document
frequently falls under the statute that includes forgery offenses.
until proven guilty":
Legally you are innocent until proven guilty only in the courtroom.
Until you appear in a court of law, law enforcement will consider
you guilty until proven innocent. That is a fact of life and In
most instances this attitude is necessary for law enforcement to
carry out its duties effectively.
This is a very important document. It will arrive by surface mail
so make sure the court has your correct mailing address.
indictment tells you the name of the court in which you are to
appear and the list of charges being brought against you. You will
find out what to do with the indictment in the Instructions.
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