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What can happen When the prosecution ask the judge for more time for trial?
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If you plead not guilty to a crime of which you are charged does that mean you have to go to trial?
Not necessarily. The Prosecution could offer a plea-bargain in which case a more lenient sentence will be given for a lesser guilty plea. Barring that, the Bill of Rights gives every American the right of either a Bench-Trial (where the Judge will preside as Judge/Jury) or a Jury-Trial. Unless the charges are dismissed during the Arraignment or Pre-Trial, yes, pleading not-guilty to a crime of which you are charged will result in some kind of trial proceeding.
When prosecution fails to meet its burden of proof then the defense counsel could ask for?
It is customary at the conclusion of the prosecution's case in a criminal trial for the defense to ask for a required finding of not guilty, arguing that the prosecution failed to introduce sufficient evidence from which the jury could find the defendant guilty. The judge typically assesses the evidence "in the light most favorable to the prosecution." Unless the prosecution has failed to introduce evidence on one or more elements of the crime, the Judge will deny the motion and allow the jury to decide the case. See the related link for more information on criminal procedure.
What might happen without right to trial by jury?
Without the right to a trial by jury, criminal or civil disputes could be decided arbitrarily by a judge as opposed to based on a more balanced review from fellow citizens.
How long can they hold you in jail before trial in Indiana?
Once you have been charged and arraigned you should go to trial in 90 days or less (i.e.: right to a "speedy" trial). However, if your defense attorney requests a waiver of speedy trial and asks for more time (for whatever reason) the judge will usually grant their request. Also, if the prosecution asks for an extension of the time limit, AND YOUR ATTORNEY AGREES TO IT, the judge will usually grant that also. If you're that anxious to go to trial, speak with your defense attorney and ask them what the holdup is.
What happens to the defendant if plaintiff don't show up for trial in an abuse of a house hold member case?
In criminal law, the party is not referred to as the plaintiff. There is only the prosecution and the defendant, and the prosecution will always show up. In criminal law, there is a complainant, who is commonly the victim to the crime. If that victim does not show up, the prosecution requests a continuance, and may even submit a Motion to the judge to compel the victim to court. Generally, with proof that the prosecution has properly attempted to subpoena the victim, the judge may give two or possibly even more continuances, depending upon the customary practices of the judge and the seriousness of the crime alleged.
What happens when the prosecution and defense have conflicting expert witness testimony?
That happens a lot. The judge or jury decides who is more beleivable.
What is right to public fair trial?
Answer: A right to public a fair trial, is a term used in court. If the judge decides that the trial in court was not fair, or needs a lot of ajustments, then the judge can state a new trial. Which means the trial is public, and any witnesses can be there to see the trial. Example: Man steals a crystal vase from store. A trial begins, And the Man isn't guilty. The judge decides there might be more to the problem, and there should be another "fair" trial. The judge states the trial was unfair, and invites witnesses to come, and see the trial, as they can mention any hidden information. I hope I helped!
Can a defendant ask a lawyer for the prosecution questions?
No. A defendant cannot ask for pre-trial access to the prosecution's questions. The unrehearsed nature of the defendant's answers to the prosecutor's questions reveal more of the truth than a planned performance would.
Who was the Chief judge at the Trial of Charles I?
The chief judge at the trial of Charles 1st was John Bradshaw. He had been specially picked as judge to ensure Charles's' sentence to death. The army was behind the whole thing, as Charles kept going to war. (For more info search for 'English civil war')
Can you be retried after a mistrial?
Yes. Until you have been found guilty or not guilty, or the judge or attorney decides not to go any further with the case and drops it, you can be continuously retried. However, if your case goes outside the jurisdictions of the "speedy trial" laws of your state, you and your lawyer can petition the court on your behalf to drop it.
Where are serial killers prosecuted?
Prosecution usually takes place in the state and county where the crimes were commintted. It is very common for modern serial killers to cover great distances crossing state lines and at times over the US borders. A new law has been passed that can include all states, counties and/or cities together in a single prosecution. It helps keep the cost down during trial, one trial that represents other areas where the killer was active. This eliminates the need to extradict the suspect to other states for trial. However, when a change of venue is ordered by a judge the trial is held in a community where a jury pool has not been compromised by excessive publicity. The OJ Simpson trial is a good example. The victims were killed in Brentwood, an affluent community mostly occupied by wealth white people. The defense asked the judge for a change of venue and the trial was held in the Los Angeles County Courthouse. By moving the trial to downtown LA more African-American people were considered from the jury pool. This is 'being tried by a jury of your peers'. In Brentwood, Simpson was not among his own peers. So Simpson had his peers judge him and he avoided some of the publicity and anger that was felt toward him in Brentwood.
Does it have to be a jury trial if it goes to court?
Not necessarily, you can request a bench trial (without jury) if you wish, although in the case of more serious crimes the judge will probably advise against it, and in the case of capital offenses, a jury trial may be mandatory.
