My friend has been waiting 18 months now. How do they prove you conspire with someone when they have no witness?
What does your friend's lawyer say? They can certainly prove conspiracy with circumstantial evidence, even without a direct witness.
His lawyer tells him they can do what they want. They have no dates or times of these crimes. Heres what happen this guy made a statement about him after being arrested. Now the guy won't testify. Heres another question for the board. A guy lied to a judge eight times at a hearing. It's all on paper. Two years later this guy is a wintess in another case. Will a judge let him testify after court records shows he commit perjury? BTW thanks for the help
My understanding now, is the Patriot Act trumps almost all of the federal laws directed toward federal code.
This includes the 4th 5th, and 6th Amendment.
For instance the federales can now search your home without a court order, and do it secretly without your knowledge and then plant a bug without a court order as well.
How long before the Bush Regime declares prostitution a terror crime and Ashcroft searches a provider agency computer files for terrorist lists.
think it won';t happen?
Constitutional Amendment. If you had been paying attention in your eighth grade civics class instead of masturbating in the boys room you would know that.
Only if the courts rule that the Patriot Act violates the Constitution.
There have been many laws passed in our history that have been clear violations of the Constitution but that the courts have not voided. The Alien and Sedition Acts of 1798 were probably the first ones. Do a google search and read the text of those laws and you'll see how close they parallel todays climate.
First of all, if a federal law has been passed and is not struck down by the Supreme Court, then IT IS NOT IN VIOLATION OF THE CONSTITUTION. The Supreme Court is the end-all of the constitution. If the Supreme Court deems it not in violation of the Constitution, then it is NOT in violation of the constitution.
Secondly, you're comparing a Red Delicious to Granny Smith. They're both apples, but not the same type of apples. A constitutional amendment is different than a federal law. There are hundreds of federal laws, but only 27 constitutional amendments/articles.
The mere fact that the Supreme Court hasn't declared a law unconstitutional is not enough to prove that the law is valid. It may just be that the Supreme Court hasn't considered it yet. And even if the court rejects a constitutional challenge, a different constitutional challenge to the same law might succeed. If you argue that a law violates the equal protection clause the Supreme Court won't go looking on its own to see if the law violates other clauses, so even if you lose the next challenger might win by making a due process challenge.
Clue: The Patriot Act is utterly irrelevant to anything
in your question. Yes, you have a right to speedy trial.
My advice (as a lawyer) from what you say (if you are
fairly reporting what the lawyer is saying) is GET A
NEW LAWYER. The laws mean nothing if a lawyer is not
prepared to USE them.
Any lawyer who thinks that the prosecutors can do whatever
they want is CORRECT, because he is LETTING them walk
all over him.
On the other hand, there may be advantages to delay,
because witness' memories will fade.
So at some point, the lawyer should file an objection.
The "sniper" Lee Malvo just got charges FOR MURDER
dismissed in Virginia because the prosecution violated
his right to a speedy trial. (He has multiple charges
in different jurisdictions, but still, he got off one
charge FOR MURDER.)
Conspiracy? Your question is too vague. Conspiracy
is the prosecutor's all purpose "I really don't have
anything on the person so let me throw in a conspiracy
charge" wild card. Prosecutors use conspiracy like
the blank letter in Scrabble or a wild card.
But it depends on what they are charging you with
conspiring about, with whom, and how. If there is
no witness, it could be very hard for them to
establish a conspiracy. But it depends. A lot of
documents and other evidence cannot be admitted
without a witness.
if you do not invoke your right to a speedy trial, step up to the plate and say, I want my trial immediately, then the law can take its time.