Lots of legal questions.

[s2309]

So, my HC advent story grew a plot.

Basically, Peter doesn't get off that easily. I don't want any scenes in the courtroom, just random details like how long a high profile murder trial would go on for and whether Sophie Covington and June's testimony as character references for Peter would be questioned if they were paying his lawyer.

The internet is proving useless. Anyone?

Comments

[elrhiarhodan]

Okay, I can help.

High profile murder cases can be as short as a week or as long as three months. Whitey Bulger's trial lasted about three months, and I think OJ Simpson's did, too.

And yes, June and Sophie's testimony would be subject to cross examination for bias, but it wouldn't necessarily be inadmissible. Generally, a defendant is limited to the number of character witnesses he can call, because of relevance.

[sapphire2309]

Thank you so much!!!

Okay, that means Peter's doing time. :P

If James confesses (in person, in video, whatever), how long will the appeal (I presume that that's what that means) take? How soon can Peter be freed?

[elrhiarhodan]

It would depend on the prosecutor and how they are viewing the evidence. A confession doesn't automatically mean that the defendant is exonerated. The prosecution might view the confession with skepticism, esp if James "phones it in."

(That was the big problem I had with the season opener - but I'm guessing that Hagen had the AUSA in his pocket and paid him to accept James' confession).

[sapphire2309]

So basically James would have to turn himself in? And be willing to be convincing enough to turn the AUSA?

[elrhiarhodan]

Yeah, in my thinking. There is a high bar to overcome - namely the physical evidence.

[sapphire2309]

And the whole appeal process would take about as long as the original trial, or less than that? (sorry - lots of random questions, I know)

[elrhiarhodan]

Appeals work differently...

An appeal can take years before it's granted. Or are you talking about a re-trial?

[sapphire2309]

I'm not sure what it's called when the person who committed the crime comes forward and pleads guilty When someone's already convicted of that crime - appeal is the word I've heard used most often, so that's the word I'm using. Would it be an appeal or a retrial? I'm assuming that trials and retrials are both between a week and three months long.

[elrhiarhodan]

There would be an evidentiary hearing, not an appeal. It would likely work as follows:

1 - James comes forward, says that he's the one who killed Pratt;
2 - The US Attorney (the prosecutor) would assess the credibility of the evidence;
3 - The defense (Peter's attorney) would argue that the evidence is credible and exonerates her client;
4 - If the US Attorney doesn't challenge the evidence, there would be a motion made by the defense to dismiss the case;
5 - If the US Attorney wants to challenge the confession, there would be an evidentiary hearing and the judge would rule on the credibility;
6 - If the judge finds the evidence credible, then either the charges would be dismissed (if the case hadn't gone to the jury) or the conviction overturned (if Peter had been found guilty).

No need for a new trial.

[sapphire2309]

And (last question) the evidentiary hearing would take how long? Sorry, i know this has been sort of convoluted.

[elrhiarhodan]

A day or two, no more than that.

[sapphire2309]

Perfect! Thank you so much!! Peter's doing a decent amount of jail time, though :(

Thanks again!

[elrhiarhodan]

Can't wait for this...if you'd like a technical beta at any point, PM me, I'd be delighted to assist.

[sapphire2309]

Will do! :)