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If someone is found guilty in a magistrate court can they ask for a retry before the sentence is passed?
Wiki User
∙ 15y ago
In Magistrate Court the sentence is generally handed down immediately. You can then appeal. Unlike appeals for convictions in a District Court (or Superior or Supreme Court depending on the state's terminology) where you can only appeal on issues of law, appeals from Magistrate Court are "trial de novo" (meaning new trial)--this is because they are not "courts of record" (there is no stenographer taking everything down) . These appeals are heard at the next level of court, such as a County Court at Law (depending on the state). You will have to post a bond. In Texas the minimum appeal bond is $300 even if the fine was only $50.
Wiki User
∙ 15y ago
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Can a Judge Sentence someone found 'Not Guilty'?
No. If the defendant was found not guilty WHAT would the judge sentence them for?
Does a judge decide a case?
This all depends on what you mean by 'decide a case' and which country you are in. In the US and the UK, however, a Judge may pass a sentence based on whether or not the Jury has declared a person guilty or not guilty (in a case where a man pleads not guilty) and in a case where a man pleads guilty then the judge, or magistrate passes a sentence; usually reduced based upon the man's plea of guilty.
Will someone who is charged with offense 240.26 will got to jail?
People have to be found guilty of an offence, not merely charged, before any sentence can be passed.
Who do you go to if a magistrate is guilty of misconduct?
If a magistrate is guilty of misconduct, you should report the issue to the appropriate judicial oversight authority or judicial conduct board in your jurisdiction. They are responsible for investigating complaints of judicial misconduct and taking appropriate disciplinary actions.
What house may sentence someone to prison that has been impeached and foun guilty?
If someone has been impeached and found guilty, it would be the responsibility of the Senate to sentence them to prison. The Senate acts as the court in the impeachment trial, and if they determine that the individual is guilty, they have the authority to impose a prison sentence as part of the judgment.
How can you use a sentence for prejudge?
He was prejudged as guilty by his peers before the evidence came out.
Does the jury decide on a death sentence or life sentence or just guilty or not guilty verdict?
The jury only decides (in at least the UK) whether the person is guilty or not guilty. the judge decides the sentence
What is the sentence for murder in the UK?
If found guilty you are always handed the sentence of life the judge wil also say the minimum you have to serve before you can aply for parole
Which is correct - he is one of them who is or are guilty?
It depends on the meaning.If who refers to them, the sentence is He is one of them who are guilty.If who refers to he, then the sentence is He is one of them who is guilty.
What three amendments of the bill of rights protects someone accused of a crime?
Innocent before guilty.
How do you use the word guilty in the sentence?
One way to use "guilty" in a sentence is: "He felt guilty for forgetting his friend's birthday."
Sentence using the word guilty?
The jury could see that the defendant was guilty.
