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What does waiver of preliminary hearing mean?
A waiver of preliminary hearing means that it has been decided, or agreed, that no preliminary hearing is needed and so none will be held.
Can a preliminary hearing be held without the person that was arrested?
No. The person that has been arrested must be present.
What happens if the preliminary hearing is not held in one week following an arrest?
If a preliminary hearing is not held within one week following an arrest, the defendant may be entitled to release from custody, depending on the jurisdiction and circumstances of the case. Typically, this hearing is meant to determine if there is enough evidence to proceed to trial. If the hearing is delayed, the defendant's right to a prompt trial may be violated, potentially leading to dismissal of charges or other legal remedies. However, courts can grant continuances for valid reasons, which may extend the time frame.
Can a defendant be held without bail after arraignment?
Yes a defendant can be held without bail at any time if the court deems the defendant to be a substantial flight risk or a danger to the community.
What is Disposed Proceeding As Ex Parte?
An Ex Parte hearing is a judicial hearing without one of the opposing parties being present."Disposed proceeding as exparte" means that a hearing was held to give the opportunity to the defendant to attend but the defendant did not attend. Therefore, the proceeding can continue "ex parte."
What is a rule 5 hearing in Alaska?
A Rule 5 hearing in Alaska is a legal proceeding that occurs when a judge evaluates whether a defendant should be held in custody or released before trial, particularly in cases involving felony charges. The hearing assesses the evidence against the defendant and considers factors such as flight risk and public safety. It is typically held shortly after the defendant's initial appearance. Rule 5 is part of the Alaska Criminal Rules, ensuring that defendants have their rights protected while balancing societal interests.
Which is a judge most likely to do when concerned that a defendant will commit another serious crime if released on bail?
have the defendant held without the option of bail
What does defendant is remanded mean?
When a defendant is remanded, it means they are ordered to be held in custody while awaiting trial or further legal proceedings. This can occur after a court hearing, where a judge determines that the defendant poses a flight risk, a danger to the community, or should not be released for other legal reasons. Being remanded typically means the defendant will remain in jail until their next court appearance.
Please tell you the STI preliminary exam dates 2009?
when sti preliminary exam going to be held?
Phases of how a criminal case moves through the court system beginning with an investigation phase and ending in the sentencing phase?
Investigation > Arrest > Booking > Arraignment > Bond hearing (note: sometimes the arraignment and bond hearing are held simultaneously) > Preliminary hearing(s) > Jury Selection > Trial > Jury Deliberation > Verdict > Sentencing.
When defendant and plantiff live in different states In which state is the court case held?
The state in which the alleged incident occurred.
What are preliminary elections called?
Primary
