montana bill of particulars criminal case

MONTANA BILL OF PARTICULARS CRIMINAL CASE TRIAL

In order to address this question, the court went into detail in explaining a bill of particulars. The court found that the main question of this case was whether the counts sufficiently informed the defendant of what he needed to prepare to defend himself and, if that information was not found, whether the defendant was obligated to request a bill of particulars before asking for dismissal. The State’s appeal involved the formation of the five counts, which was a question of law over which the court had unlimited review. With this said, the State of Kansas appealed from the dismissal of the five counts. Additionally, two of the counts were dismissed because they did not clearly inform the defendant of the particular acts which violated the statute.

MONTANA BILL OF PARTICULARS CRIMINAL CASE TRIAL

Three of the counts were dismissed because the trial count found that the counts merely concluded the statutory elements without alleging any specific facts. Further, the trial court refused to dismiss the entire complaint but did dismiss the five counts. Prior to trial, the defendant moved to dismiss the entire complaint or, if that did not work, five of the eight counts. The defendant, a Chief of Police, was charged with eight counts, including criminal threat, stalking, harassment by telephone, and theft. In exploring this issue, the court noted that a bill of particulars served a dual purpose of informing the defendant of the nature of the charges and evidence against him or her in order to prepare a defense, and of enabling the defendant to avoid further prosecution for the same offense. The court explored the issue of what information must go into a bill of particulars. What information goes in a Bill of Particulars? The following case answers the question above.

Lawyers and other courts then can rely on that ruling when they have a similar issue in their case.

When the court decides a certain meeting to the law it essentially answers a legal question. The legislature can’t anticipate every possible fact scenario when they pass a law, so it lay to the courts to interpret the law and give guidance to what it means. Sometimes the black letter law passed by the legislature is unclear.

Frequently Asked Criminal Defense Questions.

A Step by Step Guide to a Criminal Case.

Frequently Asked Personal Injury Questions.

A Step by Step Guide to a Personal Injury Case.

Montana bill of particulars criminal case