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True or false? A jury may find a defendant guilty of any offense the elements of which are included in the offense with which

Redlands, CA |
Filed under: Criminal defense

she is actually charged.

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Attorney answers 5

Posted

Homework assignment? I think so. If your school thinks so, too, you can be in a bad situation.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Frank Mascagni III

Frank Mascagni III

Posted

I really enjoy your comments and sound advice.

Christine C McCall

Christine C McCall

Posted

Thank you, Mr. Mascagni. I try hard for the "ounce of prevention mode" in this subject matter.

Asker

Posted

Thanks!

Posted

I'm not sure of the question. A jury can only return a verdict on the charge(s) contained in the written jury instructions tendered to them prior to deliberation. They cannot return a verdict of guilty on a charge that was not included in the instructions.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Asker

Posted

Thank you!

Frank Mascagni III

Frank Mascagni III

Posted

You're welcome.

Posted

You should be researching the homework yourself; not expecting us to do it for you.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Posted

Not enough facts to answer

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

Posted

False. Not all offenses that share elements are necessary included. Need to look at use notes of jury instructions. Sometimes depends upon what the parties request as well.

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