Legal Question?

Question

This is a quick question. I am english, hence I live in.....England. I have no understanding of the American legal/judicial system.

My friend is an American who is currently remanded for an offence.

Could anyone convert this to plain English?

" Hearing on Motion Re: SENTENCING MOT INCL STATEMENT IN MITIGATION
11/16/2006 AT 8:30 AM DEPT. 63 "

* * * * * *
I know what remand is!

I used to visit the website for that court and the information would read "Bail set at $100,000" but now it reads "Bail set at $0.00". A payment of $4 and then $16 was made into an account. What's going on???

They are going to sentence on 16th Nov from the information I see.

Answer 1

"Hearing to decide sentencing mode of trial (i.e. whether it will take place in the Magistrates' Court or the Crown Court) including whether a plea in mitigation is going to be made (i.e. a speech explaining why your friend isn't such a bad egg after all and should be sentenced leniently). The date is one which doesn't exist in England, where we have only twelve months in the year, but presumably it originally read 16/11/2006, which means 16 November 2006, at 8.30 am Dept 63".

From that I would assume that your friend is going to plead guilty and has given an indication to this effect?

I would interpret the reference to bail at $0 being an indication that bail had been refused.

Answer 2

I only know English criminal law/processes, but I'll take a guess that the "mot" is short for "motion" (this seems to be the case in the American legal documents I've seen on the web). As this looks like a sentencing hearing, I assume your friend has already either pleaded guilty or has been found guilty at trial and the Court is now ready to decide on the punishment.

The "statement in mitigation" part probably refers to the section of the Court process where your friend's legal representative gets to offer the case for why the sentence should be more lenient in view of any mitigating factors (things which reduce the seriousness of the offence, e.g. the defendant was forced to commit the crime under duress, or did not understand what they were doing, or was taking some medication which made them behave differently, etc, etc).

So in plain English, it would read something like: "Court hearing scheduled for sentencing including defence lawyers' case for appropriate sentence."

Hope this helps.

Answer 3

Okay, here's what it looks like. Your friend has either been found guilty or pled guilty to some offense. Sentencing occurs only after an admission or finding of guilt. The fact that he/she is remanded without bail means that he/she is likely facing an active sentence as opposed to a suspended (probationary) sentence although that may not be the case. The statement in mitigation is obviously your friend's chance to tell the judge why the punishment should be more lenient.

Hope this helps.

Oh, yeah, the plea or finding of guilty means that your friend has been convicted despite what someone said above. He/she has not yet been sentence (final judgment has not been entered), but they have been convicted.

Answer 4

Hello, I would like to help you but you need to find what agency took the him into custody. From there you can figure out who set the bail. If you said 100,000 dollars that means he would have to be doing something like trafficking cocaine, att. murder, or a high profile case. If you can't find the agency that took him into custody contact the FBI and they will be able to foward the case. If it is sentencing mot at 11/16/2006 that means the sentencing face of the trial is begining and he will be sentenced very soon so bail probolay isnt the issue anymore.

Answer 5

Sounds like they've deferred sentencing until they have further reports. A statement of mitigation will give some explanation as to why the offence was committed.

However, I am no expert -so I may be talking out my a*rse. Just read lot's of John Grishams.

Answer 6

MOT is method of trial in the UK could be the same in USA,

although that doesnt seem to apply to your friend as my feeling is that the statement means that he is to be sentenced and that there is to bediscussion over the version of events, ie he's pleaded guilty to an assault and but the prosecutor is saying he hit him three times and he is saying that he hit him once.

Answer 7

Im' English to. But to me it sounds like your "friend" (yeah whatever) will be sentanced at department 63 on 16th november 2006 at 0830. The length of the sentance may depend on either how they plead or what they say at court...? my guess anyway

Answer 8

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Answer 9

Your friend is in gaol because he/she was caught doing something very naughty and the authorities don't trust him/her to not bugger off if they let her free before trial.

In England the phrase would be .... errr .... Remanded for an offence!

Answer 10

Sorry, I ma neither American nor English.
But it sound to me as there is a hearing of the case on that date and also a judgement. Offence sounds minor too.