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Which is defense to the prosecution claims the defendant cannot be held liable for his or her actions?
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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.
How many times can a plaintiff cancel their depositions?
Whether or not a defendant can cancel a deposition depends on whether it is a defense deposition. If it is the other side, the defendant cannot cancel a deposition.
Is the defendant always required to provide testimony in the trial?
There is no blanket answer to this question. Whether the defendant testifies on their own behalf, is a legal strategy that the defense attorney will discuss with his client when the time comes.
If a defendant refuses to testify at trial what can the prosecution tell the jury?
Your question is unclear. In the USA, a defendant does NOT HAVE TO testify at his trial, ever. The defendant is the one accused of committing the crime. He does not have to say anything (OJ Simpson did NOT testify in his first trial, Scott Peterson did NOT testify at his trial.) The Prosecutor will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence shows the defendant committed the crime. The Defense Attorney will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence does NOT show the defendant committed the crime. The defendant does not have to be one of those witnesses. He cannot be forced to testify.
How are federal criminal defense lawyers hired?
Federal criminal defense lawyers are either appointed by the federal court or hired by the defendant. If a defendant cannot afford an attorney, the federal court will appoint a federal criminal defense lawyer and pay that lawyer in accordance with the Criminal Justice Act and now-a-days from federal defender organizations. A federal criminal defense lawyer hired by the defendant can be selected based on whatever the defendant prefers, though a lawyer with experience in criminal cases on the federal level are typically most sought after.
Is character assassination legal?
The Defendant's character in and of itself is not on trial during a criminal proceeding. Whether or not the defendant is kind of a jerk or known for being dishonest is not evidence that he committed the crime at question, and is generally inadmissible. However, the defendant may open the door for the prosecution to introduce evidence of his bad character. For example, if the defendant is charged with embezzling funds, and the defendant introduces character evidence to show that he is a generally honest person, the prosecution may then rebut that evidence by introducing evidence that the defendant is a liar.
Can you plead guilty without elocution?
Usually, a guilty plea from a defendant is entered as a result of a deal that is reached between the defense and the prosecution. In many cases, plea agreements like this offer the defendant a lesser sentence if they enter a gulity plea voluntarily. For the most part, prosecutors will insist that the defendant stand before the court and elocute to the crime. If the defendant refuses, this would most likely invalidate the plea agreement. In cases where no plea bargain is in play, the defendant cannot be forced to say anything at all. They can stand on the 5th amendment and exercise their right to remain silent until the cows come home.
Can a prosecution witness be re-called to testify after the defense?
The prosecution cannot call witnesses after it closes its case (prima-facie break), it can only cross-examine witnesses called by the defense. If the proseution attempts to call a witness not on its witness list before it closes its case, the defense should object. Basic court procedure means that the Prosecution must go first and show its case, then close its case, and then it is the defense's turn; the question as presented is a violation of the normal procedures used in court.
Can you serve a summons on a plaintiff's attorney if the defendant cannot be located to be served?
Can I serve a summons to the defendants attorney if the defendant cannot be found
Who is usually the defence attorney in a criminal case?
The role of a defense attorney is the lawyer representing the person accused of committing a crime. In the United States, if a defendant cannot afford an attorney, one will be appointed.
Can an acquittal happen before trial?
Typically, an acquittal occurs after a trial. However, in some cases, a defendant may file a motion for acquittal before the trial takes place. This motion is usually made by the defense and argues that the prosecution does not have sufficient evidence to proceed with the trial. If the court grants the motion, the case may be dismissed, resulting in an acquittal before trial.
What happens when a trial is declared a mistrial?
When a mistrial occurs from prosecutorial error, usually the defendant is retried. In cases where the prosecution deliberately provokes a mistrial because the trial isn't going well and the defendant is likely to be acquitted, the Court will not allow the prosecution to potentially benefit from its misconduct through a retrial. If this happens, the charges against the defendant are generally dismissed.
