You have to be charged with murder and agree that it was you in question who did the act before you can plead self defense and get it dropped. Self defense doesn’t preclude you from being charged, it’s more of something that gets you exonerated.
Not a lawyer, but it seems they'll probably try to get him to plea down since they went with first degree. Gonna be real hard to prove that. Might not even be a trial if he pleads for lesser charges or something.
If this were a federal felony case, you'd be correct. Grand jury is not a requirement to bring charges in all states, so the prosecutor can bring charges without a grand jury.
That doesn't mean this will go to a Grand Jury, rather, that step in the case has come and gone.
You have to be charged with murder and agree that it was you in question who did the act before you can plead self defense and get it dropped. Self defense doesn’t preclude you from being charged, it’s more of something that gets you exonerated.
It'll 100% go to a grand jury, then the prosecutor will decide to pursue conviction (with a different jury) or not.
Law pedes, correct me if I'm wrong.
Not a lawyer, but it seems they'll probably try to get him to plea down since they went with first degree. Gonna be real hard to prove that. Might not even be a trial if he pleads for lesser charges or something.
If he's been charged hasn't it already been to grand jury? I forget my Law & Order...
If this were a federal felony case, you'd be correct. Grand jury is not a requirement to bring charges in all states, so the prosecutor can bring charges without a grand jury.
That doesn't mean this will go to a Grand Jury, rather, that step in the case has come and gone.
Grand Jury decides whether or not to bring charges. If he's been charged, there's nothing left for a grand jury to do.
If this were federal, it would have had to go through a Grand Jury before charges could be filed, but not necessarily in WI.
Right, but with the political climate I don’t believe that will happen.
FALSE.
No?
https://criminal.findlaw.com/criminal-charges/voluntary-manslaughter-defenses.html
Perfect self defense is a defense that, if proven usually results in an acquittal, it does not preclude charges being brought.