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What are The terms under which a new trial may be granted to a defendant?
Wiki User
∙ 15y ago
The legal "grounds for appeal" are too numerous and complicated to list here. Do some research relating to your own particular state first.
Wiki User
∙ 15y ago
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Can a judge decline a speedy trial request if the accused has a parole Holt?
The Sixth Amendment grants the right to a speedy trial, meaning that the state can't delay commencement of a trial indefinitely, especially if the defendant is being held in jail while awaiting trial. If the defendant is already on parole, has violated that parole, and is being held in custody, then there is no speedy trial violation because the defendant would be in custody, anyway. Under those circumstances, a judge could deny a dismissal motion based on a speedy trial violation.
In a civil case can the trial proceed if the plaintiff or defendant is in jail?
Yes, but HIGHLY unlikely. In a civil case the state is under no obligation to spend the taxpayers money to transport and guard the incarcerated individual involved in a civil trial.
How many days does the state have to bring you to trial?
Under "speedy trial" rules generally the prosecution must begin within 90 days of arrest. But this is subject to MANY things, not the least of which is the defense waiving the right to speedy trial in order for them to prepare more adequately for the trial process. Any requests for waiver of "speedy" whether requested by, or granted by, the defense extends the trial date by the amount of time agreed upon. Added: Many states require the defendant (or defense attorney) to file a formal speedy trial demand before such time constraints take effect.
Identify eight mitigating factors that can disqualify a murder for the death penalty?
1) That the Defendant Had No Significant History of Prior Criminal Activity; 2)That the Homicide Was Committed While the Defendant Was Under The Influence of Mental or Emotional Disturbance; 3)That the Victim Voluntarily Participated in the Defendant's Homicide; 4)That the Defendant Was Only An Accomplice And His Participation Was Relatively Minor; 5)That the Defendant Acted Under Duress or the Domination of Another Person; 6)That the Defendant's Capacity to Appreciate That His Conduct Was Criminal, or to Conform His Conduct to the Law, Was Impaired; 7)The Age of the Defendant; 8)That the Defendant Aided the Prosecution in Apprehending Another Capital Felon, or Testified Truthfully to Assist the Prosecution at Trial
How does a defendant's choice to represent himself bear on his right not to testify?
No bearing whatsoever. He can question and cross-examine witnesses without taking the stand and testifying under oath in his own trial.
When you buy a house and have a private mortgage can the seller sell the mortgage and change it?
I assume the private mortgage was granted to the seller who became the mortgagee. Yes, the mortgagee can sell her rights under the mortgage but she cannot change its terms without the written consent of the mortgagor.I assume the private mortgage was granted to the seller who became the mortgagee. Yes, the mortgagee can sell her rights under the mortgage but she cannot change its terms without the written consent of the mortgagor.I assume the private mortgage was granted to the seller who became the mortgagee. Yes, the mortgagee can sell her rights under the mortgage but she cannot change its terms without the written consent of the mortgagor.I assume the private mortgage was granted to the seller who became the mortgagee. Yes, the mortgagee can sell her rights under the mortgage but she cannot change its terms without the written consent of the mortgagor.
What motion do you use to change the defendant to be the plaintiff and plaintiff to be the defendant?
Counterclaim under FRCP 13.
This amendment says that the accused are guaranteed a speedy public trial by jury?
In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that before being convicted of most crimes, the defendant has a constitutional right to be tried by a jury, which must find the defendant guilty "beyond a reasonable doubt."What is a "Speedy" Trial?A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the issue of whether or not a trial is in fact "speedy" enough under the Sixth Amendment comes down to the circumstances of the case itself, and the reasons for any delays. In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.What is the Jury's Role at Trial?The Sixth Amendment guarantees a criminal defendant the right to be tried before an "impartial jury," representative of a cross-section of the community, which will consider the evidence against the defendant and decide whether to find him or her guilty of the crime(s) charged. In almost all states, 12 jurors must agree in order to find a defendant "guilty" or "not guilty." In such states, if the jury fails to reach a unanimous verdict and finds itself at a standstill (a "hung" jury), the judge may declare a "mistrial," after which the case may be dismissed or the trial may start all over again.
Why are juries rarely used for serious crime?
I am VERY curious where you are getting your information. You could be right; I'm just curious. Many times, a person may plead guilty, making a jury trial unnecessary. There may be other pleas that kick in various regulations from state to state. I think under some circumstances a defendant's counsel may consider it to the defendant's advantage to waive the right to a trial by jury.
Can you bail someone out of jail if they murdered someone?
Yes. If they have been charged but not convicted, the person can petition the court to set a bond to allow them to be free while awaiting trial. If bond is denied, the defendant will remain in custody until trial. If the trial results in a conviction, the convicted would then serve out the sentence. If the trial does not result in a conviction, the convicted would then be released.
Under what circumstances would fingerprint evidence be admissible in a criminal trial when it has only a four point match?
Although not a definitive match, it could possibly in support of other evidence, the preponderance of which would tend to indicate the defendant as the perpetrator.
What's The practice under which judges grant release if the defendant is employed and has roots in the community is know as?
The practice under which judges grant release if the defendant is employed and has roots in the community is known as
