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| | Do Defendants Have The Same Rights When Facing Misdemeanor And Felony Charges? | | | A defendant charged with a misdemeanor has fewer legal rights than a defendant charged with a felony. If the defendant will not face imprisonment as a result of conviction, he has no right to an attorney. There is no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, whereas felonies are ordinarily tried before twelve person juries. Most other rights are the same, for both felonies and misdemeanors.
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Dallas police say charges against a former city attorney accused of shooting a father and son inside their financial business are on hold because the accused gunman isn't expected to survive. Police say Robert Mustard shot himself in the head after shooting the others Monday. The 60-year-old was in intensive care Tuesday. Police Sr. Cpl. Kevin Janse says aggravated assault charges won't be filed if Mustard dies.
Religious schools don't have a free pass to ignore a key federal employment law based on a "ministerial exception." At least not in the 6th Circuit, according to a ruling Tuesday in a case of first impression. Kindergarten teacher Cheryl Perich says she was unlawfully fired by Hosanna-Tabor Evangelical Lutheran School in Redford, Mich., after she suddenly became ill -- she was later diagnosed with narcolepsy -- and went on disability leave. She sued her former employer for disability discrimination.
The Georgia Supreme Court ruled last week that criminal indictments against two lawyers must be dismissed, putting to rest a case that the state's criminal defense bar worried could threaten the livelihoods -- and liberty -- of lawyers whose clients are ultimately convicted. The lawyers were accused of stealing from the estate of a murder victim by accepting legal fees from his wife, who first inherited her husband's estate but ultimately pleaded guilty to a murder-for-hire plot.
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