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LSDefine

Simple English definitions for legal terms

fatal variance

Read a random definition: de transgressione, ad audiendum et terminandum

A quick definition of fatal variance:

Fatal variance is a legal term that refers to a difference between the charges made against a defendant and the evidence presented in court. If the variance is significant enough to deprive the defendant of fair notice or expose them to double jeopardy, it is considered fatal and can lead to a reversal of the conviction. In zoning law, a variance is an official permission to deviate from the requirements, either for construction and placement (area variance) or for use (use variance).

A more thorough explanation:

Definition: A fatal variance is a difference or disparity between two statements or documents that should agree, especially in criminal procedure. It is a variance that either deprives the defendant of fair notice of the charges or exposes the defendant to the risk of double jeopardy. A fatal variance is grounds for reversing a conviction.

Examples:

  • If a charging instrument alleges that the defendant committed a crime on a specific date, but the evidence presented at trial shows that the crime was committed on a different date, it would be a fatal variance.
  • If a charging instrument alleges that the defendant committed a crime with a specific weapon, but the evidence presented at trial shows that a different weapon was used, it would be a fatal variance.

These examples illustrate how a fatal variance can occur in criminal cases when there is a difference between the allegations in the charging instrument and the proof presented at trial. Such a variance can be harmful to the defendant's right to a fair trial and can result in a reversal of the conviction.

fatal error | father

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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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