Under Penalty Legal Terms

18 U.S.C. Section 1028A provides for a consecutive two-year sentence if the defendant commits identity theft in connection with a terrorist crime or offense. The release of a person accused of a crime before trial under certain conditions to ensure that the person appears in court if necessary. May also refer to the amount of bail recorded as a financial condition for pre-trial release. The Juvenile Justice Act governs juveniles who have been convicted of an offense by a federal court. The guidelines do not apply directly to accused persons convicted under the Juvenile Justice Act. However, the sentence imposed on a juvenile accused cannot normally exceed the maximum test that would apply to an adult accused in similar circumstances. (§1B1.12). Booker, who advised on policies, from policies before booker, which are often referred to as “mandatory” or “presumed” policies.

The guideline provision of section 1B1.3 of the Handbook of Guidelines, which defines the conduct for which an accused may be held responsible when determining the seriousness of the offence. The court may establish the facts constituting relevant conduct by disregarding the standard of proof; A jury trial is not necessary. Relevant conduct may include the conduct of the accused as well as the conduct of other participants in joint criminal activity. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Special conditions imposed by the court to compel a person to undergo an examination and treatment for a mental disorder. Treatment may include psychiatric, psychological and sexual offence-specific assessments, inpatient or outpatient counselling, and medication. All shares of ownership of the debtor at the time of bankruptcy.

The estate technically becomes the temporary legal owner of all of the debtor`s assets. The power of a judge to make an independent decision on a matter on the basis of his or her opinion, which is based on general principles of law and not on the basis of established legal provisions. Normally, an appellate court will not overturn discretionary decisions of a lower court unless the judge has clearly “abused” his or her discretion. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. An affidavit generally follows this wording: “I represent (or confirm, verify or declare) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.” Contracts or leases where both parties still have obligations to perform. If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). A form of discovery that consists of written questions that must be answered in writing and under oath. Violations of local ordinances (except those that are also violations of state law) are excluded from the calculation of criminal records (§4A1.2(c)(2)). Chapter of the Insolvency Code that provides for “liquidation”, i.e.

the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Also known as RICO (Racketeer Influence and Corrupt Organizations Act). An organized crime system that includes a set of illegal activities carried out as part of a larger criminal enterprise. A conviction that took place in a country other than the United States. Convictions handed down abroad and sentences handed down for them are not taken into account in previous convictions, but may be considered as a deviation depending on the relevance of previous convictions (§4A1.3). A credit sanction under section 4A1.2 with a freedom or surveillance component, but no active monitoring is required for the latter. In calculating the defendant`s criminal record under section 4A1.1(d), two points are awarded if the defendant committed part of the direct offence while facing a criminal conviction. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered.