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A Writ of Habeas Corpus.

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Q: What writ requires any person accused of a crime to have a hearing before a judge to determine if there is enough evidence for them to be held in jail?
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Related questions

Does a preliminary hearing or a grand jury better balance the rights of society and the rights of the accused?

A preliminary hearing might better balance the rights of society and the rights of the accused. With a preliminary hearing a judge is going to weigh the evidence and decide if there is enough evidence for trial. With a grand jury, a group of citizens decides if there is enough evidence for trial.


What is a pulmonary hearing?

Preliminary. it's to determine if there is enough evidence to take matters further.


What is a wade hearing?

They determine whether a witness's identification of the defendant is tainted and therefore inadmissible as evidence.


Who decides if a person is guilty or innocent?

A jury is what determines if you are guilty, after being presented with evidence and hearing what the person accused is being charged for.


What is the right of accused individuals to have a hearing before being jailed?

A: Habeas Corpus - In which guarantees accused individuals the right to a hearing before being jailed.


What is a suppression hearing?

A suppression hearing is an opportunity to have a judge look at the evidence against you and determine whether it is allowed at trial. It's not something you want to bank on unless the police violated your rights.


What does preliminary hearing mean?

Preliminary hearings take place after someone has been accused of a crime. These hearings are carried out so that the judge may determine if the there is sufficient evidence for a trial. Preliminary hearings are sometimes called "evidentiary hearings."


Can people other than the accused make statements at the bond hearing?

No, only the accused and/or his counsel.


What is a map hearing?

A "Mapp" hearing is a pre-trial hearing on whether or not to suppress a piece of evidence that is going to be introduced at trial. The evidence could be tangible evidence, such as an illegal substance, or intangible evidence, such as a confession.


If you are out of jail on bond can you go to jail at the preliminary hearing?

Yes, it is possible to go back to jail after a preliminary hearing if the judge determines that there is enough evidence to proceed with a trial. The purpose of a preliminary hearing is to establish if there is probable cause to believe a crime was committed and that the accused is responsible. If the judge finds sufficient evidence, they may revoke the bond and order the accused to be taken into custody pending the trial.


Does arrestee have to be at adversary preliminary hearing?

UNLESS you are mistakenly referring to an "arraignment" - no, not necessarily. The 'preliminary hearing' is a meeting of the prosecutor with the complainant, and the police to determine if enough evidence exists to sustain the charge(s) against you.


What is a preliminary hearing for?

In the context of criminal law, a preliminary hearing is used to determine whether probable cause exists to believe that the offense charged has been committed by the defendant. The hearing officer considers the evidence and reaches a decision on the issue of probable cause. Procedures vary by state, so local law should be consulted.