If someone is assaulted and the victim does not press charges, can the assaulter still get into legal trouble?
Others have written good answers and some of those others are lawyers or police officers ... Me? I'm neither, but I think I have a little to add that may help clarify things (but not really add a lot new).In a criminal case, the case reads e.g. New York vs. Joe Smith. In a civil case, it would be Jane Doe vs. Joe Smith. In a criminal case, the prosecution is done by some combination of police officers, other investigators, and the city, state or federal authorities. The police are paid by the "people". If it goes to trial, the attorneys for the prosecution are also paid by the people. Several people raised the fact that, in a murder case, the victim can't press charges. True. But hardly unique! This also happens in many drug cases, prostitution cases and child/spousal abuse cases. However, it wasn't always so and it isn't so everywhere. All the above is centered on the USA (although I believe many other countries are similar). Some states have, however, not even tried to prosecute criminals and others make only minor efforts to do so. This failure may be due to the actual law or it may be due to lack of resources or it may be due to corruption. When this is the case, people take the law into their own hands. Such places are always very violent. E.g. the "wild west". I'd be interested to hear about how criminal cases work in other countries.
What if I am carrying beer to home and police caught me, can they arrest me?
In the US, beer is legal to possess, as long as you’re 21 or older. Most states have “open container” laws prohibiting any container of alcohol from being open in the passenger area of a vehicle, whether or not the driver is drinking from them. Generally speaking, an open container will be a bottle or can that either never was sealed, or was factory sealed and on which the seal has been broken or removed. (“Never was sealed” is an issue for something like a growler from a brewery, and you’d want to carefully check the laws in your area for something like that. In the case of Colorado, you could transport a container like that in your trunk, or behind the last row of seats if your vehicle has no trunk.)The laws vary by jurisdiction. In Colorado, for instance, it was recognized an issue that people eating at a restaurant who ordered a bottle of wine would try to “finish off the bottle”, since it couldn’t be taken along, and would then wind up having too much. So Colorado law now allows for a partially drunk bottle of wine at a restaurant to be recorked and taken with you. It also specifies that it only applies within the driver and passenger area of a vehicle, so it would not, for example, be illegal to have an open bottle of liquor in the kitchen cupboard of an RV. It also provides for entertainment licenses, for example a “party bus” or limousine with alcoholic beverages for the passengers.In my case, I do most of my shopping on my bicycle, so if I’d gotten beer, it would be in my closed saddlebags. So, not only would the alcoholic beverage containers themselves be factory sealed, but with the saddlebags being closed up, they would be subject to normal Fourth Amendment protections requiring probable cause for them to be searched. (Or my consent, but I never consent.)So, I sure can’t imagine how I would get in trouble for that. It would make no sense for you to be able to buy beer somewhere you’re not allowed to drink it, but then have no legal way to transport it elsewhere.
Does a person with criminal record eligible to become civil servant (IAS / IPS / IES / IFS)?
In short, SC have ruled that“Person facing criminal cases cannot be considered suitable for appointment in government service”.In year 2011, in the judgement “State Of West Bengal & Ors. Vs. Nazrul Islam” by Bench: R.V. Raveendran, A.K. Patnaik court have decided this matter with the view that person should not have any court charges or criminal record or person must be acquitted from it by court. You can read the judgement here https://indiankanoon.org/doc/159... or you can refer actual court judgement here imgsYou may appear for the exam & provide the detail of the cases filled against you. The verification will be done later on before sending you the appointment letter.If you are convicted in a crime then the authority have rights to refuse the appointment letter.Now there are two things / sub-questions you have asked(i) In this case If court have found you guilty & convicted you then there is definitely a record that the crime had happened & you may be refused for IPS/IAS or any public servant post. You are saying action was taken by police. How can police take action by themselves? The court has to order. If there is a FIR then only it will appear on crime record. Mere FIR even won’t hamper your career if your police detention is less than 48Hrs.(ii) As mentioned in first point, If court has ordered you or found you convict then you will be on criminal record not until. You can simply ignore the collage mischief scenarios, smoking, not attending class. It’s just a rule break of college, has no legal background (Unless FIR is launched with any legal aspect).While hearing a judgement, The SC bench of Justices T S Thakur and Adarsh Kumar Goel said that“A candidate to be recruited to the police service must be worthy of confidence and must be a person of utmost rectitude and must have impeccable character and integrity. A person having criminal antecedents will not fit in this category”So the cases of mutual settlement or acquittal is also considered as ineligible for the Police post.Make sure that you prove yourself innocent before the court & get acquitted, then the background should not stop you from going ahead BUT there are exceptions like Police (IPS) dept.Reference :No government jobs for those with criminal record: Supreme CourtNo job in police force even if you are exonerated in criminal case: SChttp://ccis.nic.in/WriteReadData...
How can the HOA kick you out of your house when you own it?
How can the HOA kick you out of your house when you own it?Your HOA cannot directly kick you out of your home. There is a bit of a legal process. The HOA can do this because while you own your home, the HOA owns the neighborhood in which your home lives. That means you are responsible to pay dues to the HOA which controls your neighborhood. If you break HOA rules, you may get fined. If you fail to pay fines or HOA dues, the HOA can put a lien on your house for the dues and fines and lawyers fees owed. You cannot sell or refinance your home until that lien is paid.And if the lien goes unpaid for long enough, the HOA can choose to foreclose on that lien, which means that the home will be sold to pay the outstanding liens against the house.You must, as a homeowner, maintain your financial obligations that you agreed to when you bought your home. Remember that stack of papers you spent an hour signing (and you never knew you could sign your name that many times)? One of those was the covenants on file with the City which says that you agree that the HOA runs the show in your neighborhood and you have to play along or face financial penalties. You also agreed that if you don’t pay, the HOA can take what you owe out of the cost of the home. You agreed that the HOA would be the primary non-mortgage lienholder, and could use your house as the collateral for unpaid HOA debts. The bank may be the mortgage lienholder, but the HOA is usually the first non-mortgage lienholder in line behind any mortgage liens. So even if you’re paying your mortgage on time but you fail to pay HOA dues or fines, you can still have a lien foreclosed, and you can be evicted and your house can be forcibly sold in a foreclosure sale to cover what you owe.I oversaw two foreclosures for failure to pay HOA dues and fines during my tenure on our Board of Directors. It’s a very lengthy process, but we worked as closely with the homeowner as they would allow. In one case, we worked out a payment plan with the homeowner which allowed him to stay in his house. In another, the homeowner simply wouldn’t play nice at all. Tangentially, he ended up going to jail on a DV charge. A real sweetheart, that one. We threatened to foreclose, and while we were preparing to file, the bank decided to foreclose which meant we got paid without paying for the foreclosure. Phew.
Does stuttering affect the chances of me being a police officer or a police aide?
I really admire what police officers do for us and I want to pay back the community… so that's the reason I want to be a police officer. There are also several other reasons too, but the problem is I stutter. Does that affect my chances of being a police officer?
Is it illegal to be naked in your own home?
The law you seem to be referring to that was called in to question is what is called "Indecent Exposure" and depending on the region where you live, can be a criminal offence. The law is basically summarized as one that does not allow you to commit lewd acts or expose the public to indecency (a legal term used to determine a level of public inappropriateness). While it is not illegal by any to be naked in your own home, it IS illegal to expose the public to nudity, and as such, if your window is open you are subjecting those passing by to indecent content (think if it had been a young girl who lost a ball in this man's yard and had been exposed to this). So to summarize, if you wish to perform acts considered indecent by the legal standard (such as being naked, having sex, and the like) then be sure that you can not become visible in the public domain; even to tresspassers (short of breaking in your house).
How will an FIR affect a student's life if it is filed against him?
Filling FIR in India is as easy as buying cigarettes. I compare with cigarettes, as both are equally dangerous to health.I'm going to discuss your question not particularly for students but in general.On your question- there are few classification for FIR's and charges involved in it. If it is a mere complaint on conflict of personal interest ie. charges on using abusive language, harassing, molesting- doesn't result to arrest without court investigation (there is exception involved - for eg. If a SC/ST community person complains which means charges of SC/ST ACT slapped, which are non-bailable - In sort - Consider yourself in deep shit.) So, live your life as usual - if by any chance police knocks your door. Brief them the incident. In most cases- you may also have to give the written scenario details.Now, on other scenerio, you might be slapped with civil issue - such as property issue, road accident, peeing on public space et al. Which doesn't evolve violence. In that case even if you are convicted that will only attract fine or monetary losses.Then when in hell will you loose job. Only if you are arrested or convicted in criminal acts/charges.