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It will be assumed for the purposes of this answer that a court trial has been conducted and that the jury of that trial is currently in deliberation:
If that is the situation, one side or the other may have requested a "status of the jury" hearing with the judge with an eye towards possibly filing a motion for a "hung jury."
If that accurately summarizes the situation, then BOTH sides would have to be present at the hearing, each to appropriately represent THEIR side of the case, and give argument to the judge either in favor of, or in opposition to, the motion.
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What is procedure if criminal cases?
•Initial Appearance •Filing Charges •Preliminary Hearing •Grand Jury •Arraignment •Trial •Sentencing
Can grand jury indictment be thrown out due to bias?
A grand jury indictment is a charge issued by a grand jury in a criminal case. Typically, the jury determines whether enough evidence exists to formally charge the suspect with a criminal crime. Grand jury indictments are not dismissed by the court but in a formal hearing, a defense team can argue against any bias.
What group of people decide a case after hearing evidence?
Jury. There are 2 kinds of juries: petit jury (typically 12 or 6 persons, decide criminal trials and sometimes civil lawsuits) and grand jury (typically 24 persons, decides to issue indictments).
Phases of how a criminal case moves through the court system beginning with an investigation phase and ending in the sentencing phase?
Investigation > Arrest > Booking > Arraignment > Bond hearing (note: sometimes the arraignment and bond hearing are held simultaneously) > Preliminary hearing(s) > Jury Selection > Trial > Jury Deliberation > Verdict > Sentencing.
Is a criminal jury a trial jury?
Yes, it is.
During which step of the criminal trial are grand jury's involved?
Grand juries are called to determine if there is enough evidence in a case to warrant a jury trial.
How is guilt determined in criminal trials?
Guilt is determined IF the prosecution can present evidence to convince a jury (or in the case of a non-jury trial, a judge) beyond a reasonable doubt that the defendant is guilty.
In preliminary proceedings can a defense attorney also call witnesses before a grand jury?
A Grand Jury only hears witnesses brought forth by the prosecutor. The defense attorney(s) and defendant(s) are not present at the hearing. Witnesses are not allowed to have their attorney present, but may excuse themselves to confer with legal counsel outside of the hearing/court room.
Is it a violation of a defendants rights to not be present during the grand jury trial?
No. A grand jury is a finder of fact, not a trial. You will not be found guilty based on a grand jury true bill.
How do you get hearing before Hawaii grand jury?
You don't request a hearing before a Grand Jury. As a matter of fact, you don't even attend your own hearing. If you are arrested, your case will automatically be presented to a Grand Jury for them to consider if they will charge you with the crime or not.
What is the definition of criminal information?
A criminal information is a criminal charge that is brought by prosecutor rather than by a grand jury. A charge from a grand jury is called an indictment.
What group decides criminal cases called?
The Grand Jury
