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What typically happens after a preliminary hearing in a legal case?
After a preliminary hearing in a legal case, the judge decides if there is enough evidence for the case to proceed to trial. If there is sufficient evidence, the case will move forward to trial. If not, the case may be dismissed.
Can a domestic Violence proceed without evidence or witnesses?
Not likey. In a case where there is no evidence or witnesses it turns into a he-said she-said battle.
How often do civil cases go to trial and what factors contribute to the decision to proceed to trial?
Civil cases do not often go to trial, as the majority are settled before reaching that stage. Factors that contribute to the decision to proceed to trial include the complexity of the case, the strength of the evidence, and the willingness of both parties to negotiate a settlement.
If you plead guilty, do you still go to trial?
No, if you plead guilty, you typically do not go to trial. By pleading guilty, you are admitting to the charges against you, and the case can proceed to sentencing without the need for a trial.
Can grand gury determine whether defendant in criminal case is guilty?
No, a Grand Jury determines whether there is probable cause, and if a prosecutor has enough evidence to bring the case to trial. A petit jury determines the guilt or innocence of a defendant.
Would you prefer to pursue a plea deal or proceed to trial in your case"?
Would you rather agree to a plea deal or go to trial for your case?
What is the difference between a trial or hearing?
A trial involves a formal examination of evidence and witnesses to decide a legal case, often with a judge and jury present. A hearing is a legal proceeding where arguments or evidence are presented to a judge for a decision on a specific issue within a case, without the full process of a trial.
Who returns an indiagment?
An individual who has been accused of a crime may return an indictment if there is enough evidence to formally charge them. An indictment is typically returned by a grand jury following a presentation of evidence by the prosecutor. The indictment signifies that there is enough evidence for the case to proceed to trial.
How to appeal a trial where a Note of Issue was never served?
A Note of Issue is a paper, wherein a party certifies to the Court that a case is ready for trial. It is usually accompanied by another document known as a "Certificate of Readiness." In New York, a case may not proceed to trial without a Note of Issue.
What if a witness is not sworn in at a trial?
It depends on why the witness is not there, what kind of witness it is, what kind of case it is, and what sort of evidence the witness is expected to give. In a criminal trial, the case may be dismissed if there is no witness. Or the trial may be delayed while law enforcement finds and brings the witness to court (if they are ignoring a subpoena). If the witness is ill or travelling, the case may be continued to wait for the witness. If the witness is not key, the parties may proceed without him/her, or they may shift around the order or witnesses to allow that witness to appear later in the trial.
What is the difference between a dispositive motion and a summary judgment in legal proceedings?
A dispositive motion is a request made by a party in a legal case to resolve the case without a trial, while a summary judgment is a decision made by a judge based on the evidence presented in the case, without the need for a trial.
What is the difference between a jury trial and a bench trial?
In a jury trial, the case is heard and decided by a group of impartial individuals (the jury). In a bench trial, the case is heard and decided by a judge without a jury. The judge determines the outcome based on the evidence and arguments presented in court.
