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Pages:
3 pages/≈825 words
Sources:
3 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
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Topic:

Writing Letter to Friend Explaining Court Processes

Essay Instructions:

Letter to Friend Explaining Court Processes
You receive the following letter from a former friend:
Dear Friend, 
I find myself in quite a predicament due to my own misfortune and bad judgment. My 6-year-old son and I were recently left homeless after I was laid off from my job and my house was taken by the bank. 
I enrolled my son in a nearby elementary school when school started in the fall. I used the address where I lived last, because I don’t have a current address. The school district discovered that I wasn’t living at that address and charged me with fraud. I was arrested yesterday and haven’t yet been to court. My son was placed in the care of protective services.
I just want to get out of jail as soon as possible to reunite with my son. I have some questions, and I was hoping you could do some research to find the answers for me.
• The police never read me my Miranda warnings. Will my case be dismissed as a result?
• The police also haven’t questioned me yet. Should I agree to talk to them, if asked? 
• Is this considered a state or federal offense?
• Will this be charged as a misdemeanor or a felony?
• Do you think I really need an attorney? After all, I am guilty, and I can’t afford one. 
• I also don’t have any money for bail. Are there any options that would allow me to be released from custody prior to trial and that would not require money?
• How do I get to see the police reports?
• What is the difference between the grand jury hearing and a preliminary hearing? Which would be better in my case?
• Do you think that I should just plead guilty so I can get this over with and reunite with my son? Why or why not?
• Who decides if I’m guilty: the prosecutor, judge, or jury?
• What happens if I am found guilty? What type of sentence do you think I’ll receive? Why do you think I’ll receive that sentence? 
• What are my options if I don’t agree with the verdict or the sentence?
Write a 700- to 1,050-word letter to your friend answering your friend’s questions. 
Cite and reference the assigned text and at least one other scholarly and reliable source in your letter. Do not use dictionaries or encyclopedias as source material for this assignment.
Format your letter consistent with APA guidelines. The use of first person (I, we) and second person (you) is appropriate for this assignment. 

Essay Sample Content Preview:

Letter to a Friend
Name:
Instructor:
Date:
Letter to a Friend
I have gone through your case, and it has broad areas of considerations before judgment can be made. The misfortune that has led to all these developments is being laid off from your place of work. You have changed your place of stay and had moved to a different location, and your house was taken before the payment clearance by the bank. That is the major stem with which the case will be argued to establish if you can be charged or not. Here are few concerns that can help determine the permissibility of the case or not.
There are possibilities that the police will be held responsible for failure to read your Miranda Warning. In the first case, it will be asked if you showed it to them or not. If you had genuinely shown it and they disobeyed, then the case can be dismissed. If you did not show them the warning, then you will have yourself to blame. It, however, may not apply because they have not questioned you. You would rather do yourself a favor by showing them the warning to avoid interference (Mooney, 2015). You have the right not to talk to them because you have a warning.
Your case is a state offense and will be dealt with in the lower courts of the state without reaching the Supreme Court levels. It is not of great doing because you are not the source of the problem. It is a misdemeanor coming from the firing at the bank and a subsequent move by the bank to take your house (Massachusetts Sentencing Commission, 2015). A felony would have resulted to grave accusations and evidence. You will need an attorney if you are taken to the trial case. Every citizen is entitled to a government lawyer if they cannot afford one by themselves. You should also desist from declaring yourself guilty before all the factors around the case are under consideration and decision (Mooney, 2015).
There can be considerations of the options of bail on several factors. First, is your case a threat to the public? No, it is not and would not make you stay in for a long time. The decision can come while you are in the courts. Under the same banner, you have just left a young baby who is under the care of a protective service (Mooney, 2015). As an infant, you still have the permission to handle the baby which under doctoral considerations can only be safe under your care. Subjecting the child to some psychological torture would be absurd, making it the only reason that can see you out without the requirement of a bail. However, you will need to be in contact with the courts and the secu...
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