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Can you withdraw a preliminary hearing waiver?
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
What is the preliminary hearing used to decide?
A preliminary hearing, in the context of criminal law, is used to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. The hearing officer considers the evidence and reaches a decision on the issue of probable cause. In those states which do not employ the Grand Jury System for indictments, the Preliminary Hearing serves the same function.
Which step in the pretrial activities does a judicial officer determine whether a crime has been committed?
During the preliminary hearing, a judicial officer determines if a crime was committed. In the United States, the defendant has a right to be assisted by counsel.
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.
How long does a custody hearing take in Florida?
My husband is going through a custody battle in Florida right now and we filed seven months ago and there is no hearing as yet... Still working through the preliminary "stuff" and custody has not been even heard as yet with no scheduled date for a hearing. I know some states there is a law that states custody hearings are given the utmost importance... Florida apparently is not one of them.
Do you have to have a jury to indict someone?
It depends on the system used in your particular state. Some states still use the Grand Jury Indictment system - others use the Preliminary Judicial Hearing type of system.
Is a grand jury nessesary for only political and murder?
No. Some states customarily use the Grand Jury for all felony indictments - procedurally, other states have a Preliminary Hearing-typ process where the probable cause is presented to a judge who decides if the arrestee is to be charged.
How long after a prelimenary hearing before you get indicted?
If the jurisdiction in question adheres to the Grand Jury system of indictment, the GJ will indict by handing down a "true bill" in the sequence in which it was presented to them. HOWEVER - if the jurisdictions NOT utilizing a Grand Jury system, your Preliminary Hearing IS your idndictiment and the presiding judge decides if there is enough Probable Cause to bind you over for trial.
What states have the hearsay law?
States vary in their hearsay laws; however, all states allow for some exceptions to the rule against hearsay. It's best to consult the specific laws of the state in question for more detailed information.
States are not allowed to borrow money?
False, states are not allowed to print money
Why would a criminal court case go to a grand jury?
Some states still use the Grand Jury system to indict the accused. This is a necessary step in the criminal tral process in their states. Other states (most?) now accomplish the same thing by holding a Preliminary Hearing.
When were women allowed to vote in the un ited states?
Women were first allowed to vote in the United States in 1920.
