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Can you be charged on evidence given in court when i am not on trial?
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What happens if Miranda warnings are not given to someone who later faces a criminal trial?
It can cause the court to prohibit introduction of certain evidence.
Who is charged with the ultimate determination as to the admissibility of evidence in a criminal trial?
The presiding judge.
Is murder considered an offense?
Yes. You will be charged and put to trial in court.
Whats the difference between a trial court and a appellate court?
USUALLY A TRIAL COURT IS WHEN SOMEONE IS TAKEN TO COURT FOR SOME REASON OR ANOTHER. THE APPELLATE COURT IS WHEN YOU WANT TO APPEAL A DECISION THAT WAS MADE BY THE JUDGE A trial court hears testimony, examines evidence, rules on the admissibility of evidence and objections of trial counsel, issues a judgment on the case, and imposes sentence or penalties/awards. A trial court may also impanel juries and give them instructions for deliberating. An appellate court only reviews the decisions of lower courts, which include trial courts and in some cases lower appellate courts. They do not hear testimony or examine new evidence. They only review the record of the lower court, and may hear oral arguments from the attorneys involved in the appeal. An appellate court may uphold the decision of the trial court, or return the case to the trial court for reconsideration or a new trial.
You found evidence in gutter can you use it in a court trial?
Evidence of a crime can be used regardless of where it is recovered from.
What does court motions for motion to strike motion to seal motion to sanction mean?
After counsel objects to an evidence code violation, counsel may ask the court to strike the answer given from the trial transcript.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence then where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
What is a jury trial?
A jury in a trial makes the same decisions as a judge would in a bench trial. Based on evidence, they decide if a person charged is guilty or innocent.
Can appellate courts take new cases that have never been tried before?
No, an appellate court may not hear new evidence. The power of the appellate court is strictly to review the record of the trial court to determine whether any errors that would affect the outcome of the case were committed. If the appellate court felt that there was insufficient evidence to support the trial court judgement, it will reverse the judgment rather than call for new evidence. If the appellate court feels that evidence was improperly excluded from the trial, it could reverse the trial court decision and remand it for a retrial with a direction that the new evidence be admitted on rehearing. IN either event the appellate will not act as a trial court and hear new evidence.
What does it mean for a higher court to uphold a lower courts decision?
That means a case heard in a trial court was appealed to an appellate court; the appellate court agreed with the lower court's decision, and determined the case was conducted properly. When this happens, the appellate court "affirms" the trial court decision, and that decision becomes final unless the case is carried to a higher appellate court that reverses the trial court's decision.
Is it legal to translate your own documents?
It depends on the reason for the translation. Your own translation of your documents will not be accepted as evidence in a court trial. You will need an independent translation by a professional.It depends on the reason for the translation. Your own translation of your documents will not be accepted as evidence in a court trial. You will need an independent translation by a professional.It depends on the reason for the translation. Your own translation of your documents will not be accepted as evidence in a court trial. You will need an independent translation by a professional.It depends on the reason for the translation. Your own translation of your documents will not be accepted as evidence in a court trial. You will need an independent translation by a professional.
How do I submit evidence for a judge trial for traffic court?
Take it with you. The judge will ask you questions and, if you need your evidence, show it to him then.
