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If charged guilty for a state crime do you have to go to a trial?
Wiki User
∙ 15y ago
Not quite sure what the questioner is asking, but I'll give it a try. If you choose to plead guilty to a state criminal offense, you will not go on trial, however you will attend a sentencing hearing at which the term of your sentence will be announced. If you plead NOT guilty to a state criminal offense, you can choose to be tried by a judge, alone, or by a jury. After hearing all the evidence, both against you and in your favor, the judge and/or jury will make a decision which the judge will announce. If you're found guilty, later on (or some cases immediately) the sentencing hearing will be conducted, and your sentence announced.
Wiki User
∙ 15y ago
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If you plead not guilty to a crime of which you are charged does that mean you have to go to trial?
Not necessarily. The Prosecution could offer a plea-bargain in which case a more lenient sentence will be given for a lesser guilty plea. Barring that, the Bill of Rights gives every American the right of either a Bench-Trial (where the Judge will preside as Judge/Jury) or a Jury-Trial. Unless the charges are dismissed during the Arraignment or Pre-Trial, yes, pleading not-guilty to a crime of which you are charged will result in some kind of trial proceeding.
What is the different between being convicted and being charged with a crime?
Being charged with the crime is a formal accusation by the Crown Prosecution Service (CPS- In England and Wales) that you have committed a crime. In the USA, the law enforcement or prosecutor charges I am led to believe. Same principle however. *It certainly does not mean you are guilty, and everyone is innocent until proven guilty by a court of law. It then has to go to court for a conviction or acquittal (guilty or not guilty) Thus, a conviction is basically a finding of guilt for the charge by the court (who represent the state and the community at large) that you have committed a crime and are to be punished for such offence, this is sentencing.
How do you go about appealing a court to recall a case that charged a not guilty person that is now serving the sentence?
If you mean that you believe that the person in jail is not guilty of the crime for which they were sentenced; You must file an appeal of the trial and sentence. You will probably need the services of an attorney and it will have to be filed with your state's Court of Appeals
When you commit a crime in a state that makes the insanity defense illegal can you move to another state and have the trial held there?
A change of venue is granted when it is deemed that the defendant cannot receive a fair trial. That does not translate into the trial being moved to another state, it is moved to another jurisdiction,county, etc. The defendant must stand trial in the state in which the crime was committed. Even if the defendant is charged with a federal crime; the trial generally takes place in the federal court in the state where the crime was committed.
How did they prove that one was not guilty during the Salem witch trials?
They didn't if you were charged you were guilty. The Trial was a farce and the only way to not be declared guilty was to refuse to go to trial.
Can two people be charged with the same case or is that double jeopady?
Two people can be charged with the same crime. Double Jeopardy refers to charging one person with something, the accused being found not guilty in a trial, then being charged with the same crime again - without any new evidence.
What happens if the District Attorney submitted a Warrant for your arrest?
The police will arrest you. Then there is a criminal justice procedure by which you will be charged with a crime and put on trial, and then either found guilty or innocent, with certain penalties being imposed if you are found guilty.
What is the role of a jury in a criminal trial?
In a criminal trial the jury is the "finder of fact". This means that the jury, as one, determines what to believe and what actually happened. The jury will determine what crime was committed. For example, the jury will determine if a person is guilty of murder or manslaughter.
What does 'double jeopardy' mean?
The act of putting a person through a second trial for an offense for which he or she has already been prosecuted or convicted. Essentially this means that you can not be charged and tried for the same crime twice. If a court has found you 'not guilty' then that is the end of the matter legally (even if you were guilty and this could be proved at a later date).
What happens after the arraignment?
No, You will not be sentenced until after the trial and if you're found guilty of a crime.
If a person is known to be guilty of a crime is he given a trial?
yes! i think it the 6Th amendment.
what happens when you get charged with a controlled substance felony in Florida?
You go to trial, and you're either found not guilty or guilty. If found guilty, you'll serve time.
