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A judge declares a mistrial. A mis-trial leaves the case at the same status that it was before the trial convened. A mis-trial is not synonymous with a dismissal. The judge declared a mis-trial because he apparently caught the (alleged) mis-conduct by the prosecutor. He CAN dismiss a case if he feels that it is somwhow legally faulty or lacks sufficient legal grounds to proceed.
What else can I help you with?
Can the judge dismiss charges after hung jury?
Yes, a judge can dismiss charges after a hung jury, but it's not automatic. Typically, if a jury cannot reach a unanimous verdict, the judge may declare a mistrial. The prosecution then has the option to retry the case, drop the charges, or negotiate a plea deal. Ultimately, the decision to dismiss the charges lies with the prosecution, not the judge.
Can you speak to the judge during an arraignment?
You can sometimes speak to the judge during an arraignment. If you are not called upon, you do not want to talk to him.
Can charges to dropped at a pretrial hearing?
Yes, charges can be dropped at a pretrial hearing if the prosecution determines that there is insufficient evidence to proceed with the case or if new information arises that undermines the case against the defendant. The defense may also present arguments or evidence that could lead the judge to dismiss the charges. Ultimately, the decision to drop charges lies with the prosecutor, but the judge can also dismiss charges based on legal grounds.
What is it called when the judge meets with an attorney before an arrainment?
When a judge meets with an attorney before an arraignment, it is typically referred to as a "pre-arraignment conference" or "pre-trial conference." This meeting allows the judge and attorney to discuss procedural matters, potential plea deals, or any preliminary issues related to the case before formal charges are presented in court. It helps streamline the arraignment process and can lead to more efficient case management.
Who has authority to decide what charges will be filed at the time of arraignment?
Police
What happens first in an arraignment?
Typically a preliminary hearing which is required to establish probable cause to arrest and in some cases to detain a suspect. An arraignment is when the formal charges are read to the accused and the accused has an opportunity to enter a plea. In many cases both the preliminary hearing and the arraignment occur at the same time.
What action occurs during the arraignment?
During arraignment, the charges against the defendant are read, and they are asked to enter a plea, typically "guilty" or "not guilty." The judge may also set bail and inform the defendant of their rights.
What are arraignment answers?
Arraignment is a court procedure whereby an accused is lined up in court to plead to the charges.
Who does the arraignment the judge or the magistrate?
either one can
Is it possible to post bail before arraignment?
Yes, it is possible to post bail before arraignment. Bail is typically set by a judge based on the severity of the charges and the defendant's flight risk. Posting bail allows the defendant to be released from custody until their court date.
Can additional charges be added to original warrant?
Yes, charges can be amended right up to your arraignment.
What would happen if there is no jury?
If a grand jury is not summoned, the judge will review the evidence and make a ruling (in the grand jury's place).The judge can either:Allow the formal charges to stand, which means the defendant will stand trial.Or, the judge can dismiss the case.
