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A judge declares a mistrial. A mis-trial leaves the case at the same status that it was before the trial convened. A mis-trial is not synonymous with a dismissal. The judge declared a mis-trial because he apparently caught the (alleged) mis-conduct by the prosecutor. He CAN dismiss a case if he feels that it is somwhow legally faulty or lacks sufficient legal grounds to proceed.
Wiki User
∙ 9y ago
Wiki User
∙ 9y agoThe answer is both yes and no. You cannot just "fire" or "dismiss" the judge because you do not like them or think they will act impartial. You can, however, submit a motion for the judge to recuse themselves when you can prove that the judge acted in a biased and partial manner (such as the Judge grants motions to dismiss very frequently for whites for improper evidence and declines to review those same potions for African American defendants).
You can may also win a motion for recusal if you can establish that a judge has a personal connection to one or more members of the defendants or witnesses. Having a judge preside over such a matter would give rise to appearance of being prejudicial or biased.
Wiki User
∙ 15y agosometimes, but a judge can sentence punishment
Wiki User
∙ 13y agoNo. A person cannot dismiss a judge. However, a person can request a judge remove herself from the case if they have a good enough reason.
Wiki User
∙ 13y agoYES and NO
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What is the purpose of arraignments?
An arraignment is not a hearing to determine guilt or innocence. It is usually a criminal defendant's first appearance in court or before a judge on a criminal charge. At the arraignment, the charges against the defendant will be read and the defendant will be asked if he/she is aware of the charges against them, and will be asked how they wish to plead.
Can you speak to the judge during an arraignment?
You can sometimes speak to the judge during an arraignment. If you are not called upon, you do not want to talk to him.
Who has authority to decide what charges will be filed at the time of arraignment?
Police
What happens first in an arraignment?
Typically a preliminary hearing which is required to establish probable cause to arrest and in some cases to detain a suspect. An arraignment is when the formal charges are read to the accused and the accused has an opportunity to enter a plea. In many cases both the preliminary hearing and the arraignment occur at the same time.
What are arraignment answers?
Arraignment is a court procedure whereby an accused is lined up in court to plead to the charges.
Who does the arraignment the judge or the magistrate?
either one can
Can additional charges be added to original warrant?
Yes, charges can be amended right up to your arraignment.
What would happen if there is no jury?
If a grand jury is not summoned, the judge will review the evidence and make a ruling (in the grand jury's place).The judge can either:Allow the formal charges to stand, which means the defendant will stand trial.Or, the judge can dismiss the case.
The defendant is formally presented with charges and asked to enter a plea at the?
arraignment
Does a magistrate have authority to dismiss charges against an accused?
If a defendant is eligible for a bench trial or trial by judge, the magistrate then has the authority to dismiss charges against the accused if evidence warrants it. If the defendant issues a written statement that he or she wishes to forgo a jury trial, the government agrees and the court approves, a bench trial can convene.
What does case passed for arraignment mean?
That the person will be brought before a court to answer charges
Which of these is a correct description of arraignment?
The accussed is informed of the charges, advised of the rights of criminal defendants, and asked to enter a plea to the charges.
