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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?
Admonished to trial in absentia means that the court let the defendant know that if he didn't show up to the court date, he would be tried anyway. The court must tell the defendant to avoid violating his rights.
What is the Right to bail?
Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it,Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore a person charged with a crime, should not be denied freedom unless there is a good reason.The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:abscond, orcommit further offences whilst on bail, orinterfere with witnesses.The court should take into account:the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),the character, antecedents, associations and community ties of the defendant,the defendant's bail record, andthe strength of the evidence.The court may also refuse bail:for the defendant's own protection;where the defendant is already serving a custodial sentence for another offence;where the court is satisfied that it has not been practicable to obtain sufficient information;where the defendant has already absconded in the present proceedings;where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail.Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.
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 an amount of money or bond that a criminal defendant may be ordered to pay before being released from custody pending trial.Purpose of BailThe purpose of bail is to guarantee the appearance of the defendant in court when required at future trial proceedings. Generally the conditions and amount of Bail are set by the judge or other court officer during the defendant's first appearance. It is also possible that the judge may release the defendant on his/her own recognizance - which is the defendant's written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime. Or the judge can simply deny bail, and remand the accused pending trial.Bail is mostly associated with criminal proceedings, but can also be granted in some civil cases to secure payment of a debt. In criminal law, bail is granted on the basis of the circumstances and seriousness of the crime. Serious misdemeanor cases and felonies often require a bail determination. Bail can be sought by the accused person during the pre-trial period or pending execution of sentence. The question of bail also comes into play while an appeal of a conviction or sentence is pending.The Sixth Amendment to the Constitution mandates that a suspect must “Be informed of the nature and cause of the accusation.” so as to enable the person to seek bail. However, there is no absolute right to bail. Initially, The Bail Reform Act of 1966 provided that a non-capital defendant is to be released on bailpending trial, unless the judicial officer determines that granting bail will not adequately assure the defendant’s appearance at trial. However, The Bail Reform Act of 1984, codified at United States Code, Title 18, Sections 3141-3150 replaced the Bail Reform Act of 1966. The new Act provides for detention of the accused where necessary for the safety of the community. According to the Bail Reform Act of 1984, persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering are subject to detention without bail.Bail may not be granted in the following circumstances:* Where the defendant is undergoing a custodial sentence for another offence.* Where the court finds that it is not feasible to obtain sufficient information,* Where it is determined that continued custody is necessary for the defendant’s own safety and protection.* Where the defendant has absconded or breached a bail.* Where the defendant has been convicted, but the court is waiting for a report or inquiry, and such inquiry would be difficult to complete without keeping the defendant in custody.POSTING BAILOnce a court has set the amount of bail, that amount, or a specified percentage, is paid to the court. Payment may be made in cash or in an approved cash substitute, such as a money order or cashier’s check. A defendant may post his or her own bail, or may find another person to do so.Once bail has been posted, the court will issue a document or a court order that shows the defendant may be released.If another person posts bond on the behalf of a defendant, the bail bond becomes a three-party contract between the defendant, the court, and the surety. The surety is the party who, at the request of a defendant, becomes responsible for securing the defendant’s appearance in court. People who may act as a surety for a criminal bond include licensed bond agents and friends and relatives of the defendant. As part of the contract, the defendant promises to appear at future proceedings. The surety promises to forfeit to the court the amount of the bond if the defendant fails to appear as required.PENALTYThe penalty for failure to appear as required after release is a fine, imprisonment, or both. Federal law provides that any term of imprisonment for failure to appear must run consecutively to any other criminal sentence. However, if uncontrollable circumstances caused the failure to appear, and if the person immediately appeared once it was possible to do so, the person will have a valid defense to the failure to appear charge.Once a case is over and all obligations have been fulfilled, the bond money is typically returned. Sometimes administrative costs are deducted.Disclaimer:This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.[video=]
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.
Does a defendant have to testify in court?
No, a defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
Does the defendant have to testify in court?
No, the defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
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.
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.
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.
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.
