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Can a judge deny a defendant the right to defend its case in court?
Wiki User
∙ 6y ago
A judge can deny an expert witness to testify since this is a part of his job.
Wiki User
∙ 9y ago
No, a judge cannot deny a defendant the right to defend their case in court. The right to a defense is a fundamental legal principle that is protected by the constitution. Denying a defendant the ability to present their case would violate their due process rights.
Wiki User
∙ 6y agoNo, according to the Bill of Rights, accused citizens have the right to fair and speedy trial. The accused unable to provide an adequate defense is not a fair trial.
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Does the court need to appt a attorney when a defendant can not afford one and is a first time feloney offense?
In the United States, the court is required to appoint an attorney to represent a defendant who cannot afford one in a felony case, regardless of whether it is the defendant's first offense. This right to counsel is protected by the Sixth Amendment of the U.S. Constitution.
What is defendant admonished to trial in absentia?
When a defendant is admonished to trial in absentia, it means that they are being informed that the trial will proceed without them being present. This usually happens when the defendant is absent without a valid reason or has chosen not to appear in court. The defendant is notified of their right to be present during the trial, but if they still do not show up, the trial may continue in their absence.
What is the Right to bail?
The right to bail is the legal principle that allows individuals accused of a crime to be released from custody while awaiting trial, under certain conditions. Bail is set by a judge and serves as a form of security to ensure that the accused will return for their court appearances.
Can you get a continuance for a sentencing date?
Yes, it is possible to request a continuance for a sentencing date. The request will need to be made to the court and should provide a valid reason for needing the extension, such as unforeseen circumstances or the need for more time to prepare. The judge will ultimately decide whether to grant the continuance.
Bail?
Bail is the release of a defendant in a criminal case in exchange for money or collateral, with the understanding that the defendant will return for their court appearances. Bail amount is typically set by a judge based on factors like the severity of the crime and the defendant's flight risk. If the defendant fails to appear in court, they may forfeit the bail money and could face additional legal consequences.
What are grounds for dismissing a public defender and how do you go about doing it?
A defendant is not obligated to take the services of the public defender. If a defendant wishes to hire private counsel, he has that right, or if he wishes to defend himself, he has that right. If the defendant wishes to defend himself, the judge will inquire as to if the decision is knowing and voluntary, and if so, will allow the defendant to do so. It is a very important decision, and not one to be made lightly.
What Constitutional amendment guarantees a defendant the right to counsel to defend him or her?
The SIXTH.
When a defendant is in contempt of a court order and his 42 days for filing an appeal have passed what can be done legally to properly enforce the original court order signed by the Judge?
If the defendant in the case has not exercised their right of appeal, then they have defaulted on their privilege to do so, then the original order of the court becomes fully enforceable. If this is a civil court judgement, there is no option except to file a motion for civil contempt (of the judge's original order) with the court, and getting the other party back to court for a hearing.
In Gideon v. Wainwright the Supreme Court ruled that a defendant in a state court had the right to?
The right to a lawyer.
If a judge denies a defendant his own lawyer because he is satisfied with his court appointed lawyer is that grounds for an appeal?
The answer to your question, in short, is yes..with one condition. If the judge could demonstrate that the defendant was mentally incompetent, then he/she could intervene and override the defendant's right to choice of counsel, providing it was in the best interest of the defendant to do so. However, I am quite sure that the judge presiding over this case would have had to have made this finding, if indeed there was one, clear to both parties in the case.
What does the judge mean?
To defend, stand up for, and do right by the orphans.
What do you mean by free accss to courts?
The actual term is equal access to the courts. This means that everyone has equal access to the court system and its resources regardless of one's ability to pay. If a person has been prosecuted in a criminal case, or a lawsuit has been brought against them in a civil case, then the defendant has the right to access the court systems resources regardless of his ability to pay. Court resources include subpoenas for investigation, the ability to examine evidence, the ability to hide her expert witnesses or to have items tested for DNA, or anything else that is needed to defend one's self in court. A defendant does have the right to represent himself unless the judge feels that the person would not be competent enough to do so. On the flip side of this, a plaintiff in a civil case also has the right to initiate a lawsuit regardless of his ability to pay. If one can establish that he is indigent, like a defendant who has the right to have a public defender represent him in a criminal case, a plaintiff can file a lawsuit against a defendant at no cost.
What does judge the fatherless mean?
To "judge the fatherless" typically means to show fairness, compassion, and protection toward orphans or children who do not have a father figure present in their lives. It involves making decisions and taking actions that safeguard the well-being and rights of those who are in vulnerable situations due to the absence of a father.
What is the difference between a suspended execution of sentence and a suspended imposition?
A suspended execution of sentence is when the judge actually renders a sentence to the defendant, but passes the execution of the sentence on defendant unless they commit another offense. The court will then have the right to impose the original sentence upon the defendant. A suspended imposition of sentence is when the judge does not enter a sentence on defendant and has the right to execute a sentence upon the defendant should they commit another offense.
A defendant has the right to be judged by which of these?
In a jury trial - by a jury of his peers. If the defendant choses a Bench Trial then he will be judged by the Judge.
Person has the right to appear in person in court?
Any time you're being prosecuted for a crime you have the right to be present in court. The only time you may not be brought to court is during motion hearings or during witness questioning.Ultimately the judge also has the right to order you to be removed from the courtroom until such time the judge deems fit for your return.However, you cannot be convicted without formally being present in a court of law.Addition and clarification: While the majority of the above answer is correct, the final sentence needs clarification. A judge CAN order a defendant from the court room and confined to some location where they can witness the proceedings (e.g.: on closed circuit TV), but as long as they are represented by counsel, they are considered to be "present" (if not in body) in the courtroom.
What amendment for a court appointed lawyer?
In the United States, access to a court-appointed attorney is a defendant's right under the 6th Amendment.
