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Sometimes the judge may decide the case immediately, announce his or her ... some judges hear the case and issue a decision that becomes effective only if .... If the defendant's motion is denied, the defendant has 10 days from the date to appeal.
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If someone moves to Boston but is on trial in Philadelphia must they report in person for each trial date or can their lawyer stand in for the accused?
That can only be answered by the presiding judge in the case. The defendant's attorney would have to ask the judge's permission for the defendant's absence. As a practical matter, this is likely only to be granted during pre-trial proceedings. For the trial, the defendant is required to be present.
What is the meaning of sentence suspended execution?
* S.E.S. = Suspended Execution of Sentence: The defendant is placed on probation with an incarceration amount preset in case of revocation. * The Judge is limited to executing only that sentence if the defendant is revoked. An S.E.S. is a conviction for all purposes. * The judge may impose whatever conditions on defendant's probation deemed appropriate. * CAO will ask that particular conditions be imposed on case-by-case basis. (e.g. shock time, community service, drug education, restitution, court costs.) * Defendant is ordered to report to Probation and Parole immediately. * Maximum amount of time defendant can be on probation is 5 years for a felony and 2 years for a misdemeanor. * RSMo 559.115 allows the Judge to sentence a nonviolent defendant to incarceration in M.D.C. but call back the defendant before 120 days has elapsed and grant probation. This is sometimes called "shock" time. * The defendant may be ordered to complete drug or alcohol treatment while in M.D.C. * This program requires an S.E.S. * If the defendant violates probation, he or she will face incarceration for the remainder of the original sentence set by the Judge. * RSMo. 217.362 allows the Judge to sentence a nonviolent defendant to a two year drug treatment program in M.D.C., then call back the defendant and grant probation. * This program also requires an S.E.S. * S.E.S. = Suspended Execution of Sentence: The defendant is placed on probation with an incarceration amount preset in case of revocation. * The Judge is limited to executing only that sentence if the defendant is revoked. An S.E.S. is a conviction for all purposes. * The judge may impose whatever conditions on defendant's probation deemed appropriate. * CAO will ask that particular conditions be imposed on case-by-case basis. (e.g. shock time, community service, drug education, restitution, court costs.) * Defendant is ordered to report to Probation and Parole immediately. * Maximum amount of time defendant can be on probation is 5 years for a felony and 2 years for a misdemeanor. * RSMo 559.115 allows the Judge to sentence a nonviolent defendant to incarceration in M.D.C. but call back the defendant before 120 days has elapsed and grant probation. This is sometimes called "shock" time. * The defendant may be ordered to complete drug or alcohol treatment while in M.D.C. * This program requires an S.E.S. * If the defendant violates probation, he or she will face incarceration for the remainder of the original sentence set by the Judge. * RSMo. 217.362 allows the Judge to sentence a nonviolent defendant to a two year drug treatment program in M.D.C., then call back the defendant and grant probation. * This program also requires an S.E.S.
What is the only type of trial that is not by jury?
A defendant can request to be tried by the judge alone. He cannot be forced to do this by any governmental power. It is solely the choice of the defendant.
Can a defendant be release if the guilty person takes the blame?
If the defendant is not the person who committed the crime and someone else confesses to the crime, the defendant should be released. The only exception is if the police have evidence the person confessing is lying and that the defendant is the guilty party. It is the JOB of the police to bring the guilty to trial.The wrongly accused person, however, will only be released if the prosecutor drops the charges, the case is dismissed by the court, or the judge declares a mistrial.
Can your lawyer represent your co - defendant in a different case?
Sure, unless there is some other, compelling reason for him not to represent your co-defendant.Added: While the court may rule that your attorney can represent your co-defendant in ANOTHER case, IMHO it is just as likely to rule that it would be a confict-of-interest.
Do Americans have the constitutional right to an attorney in a civil case?
No, the right to an attorney only applies to a defendant in a criminal case.
Can a defendent be release if the guilty person takes the blame?
If the defendant is not the person who committed the crime and someone else confesses to the crime, the defendant should be released. The only exception is if the police have evidence the person confessing is lying and that the defendant is the guilty party. It is the JOB of the police to bring the guilty to trial.The wrongly accused person, however, will only be released if the prosecutor drops the charges, the case is dismissed by the court, or the judge declares a mistrial.
How do you write an intro to an oral on judge only trials?
You can refer to the judge as Judge or Your Honor. You would start by greeting them and then you speak in the third person if you are the defendant representing yourself. "Good morning Your Honor," The defendant in this case is charged with (insert crime here). The defense will attempt to show that: (and you put your strategy here.) Keep in mind that you dont have to give an opening statement. In most cases before a judge, the prosecution waives the statement and the defense follows with no statement. The judge then informs the prosecution that they can proceed to call their first witness. KEEP IN MIND THAT YOU CAN ONLY ASK QUESTIONS! When you are allowed to cross examine, you must only ask questions!! IF you make one statement to the witness, the prosecution will object and you will be over ruled and you risk making the case weak.
What does a Dismissal without Prejudice judgment meaning for defendant?
"WITHOUT prejudice" is indeed the key phrase! It means that the current case against the defendant is dismissed, HOWEVER, the prosecution has the option of re-charging the defendant again - perhaps after they cure a defect in the original case, or under a different statute. It is generally only a momentary reprieve for the defendant.
If the defendant is offered and agrees to a plea bargain of twenty years but only if he or she takes the stand can a judge over rule the plea bargain by adding more to the twenty years?
A judge does not have to accept a plea bargain agreement. Normally, a judge accepts the agreement. The judge realizes that the defendant is taking a risk by taking the stand. Almost no judge would add anything to a sentence under that condition.
How does the jury decide what punishment the defendant gets?
The jury does not decide what punishment the defendant gets, the judge does. The only thing the jury decides is whether the defendant is guilty or not guilty of what he is accused of.
Can the jury decide what the evidence is in a case?
That depends on what "decide what the evidence is" means. The jury does not decide what evidence is admissible in the court; that is up to the judge, and is one of the judge's primary responsibilities. If the attorney for one side or the other thinks evidence should not be admitted, they can make a motion to suppress or exclude it on various grounds, or object during the trial. If the judge decides that the jury should not consider a certain piece of evidence that was introduced, he or she can instruct the jury to disregard it. The jury's only role is to decide whether the defendant is guilty or not (or to find for the plaintiff or the defendant in a civil case).
