Yes, there needs to be enough evidence to rise to the level of probable cause. This is decided by a judge in a preliminary hearing or a grand jury by way of indictment. For more information see the related links below.
Can a District Court Prosecutor add a misdemeanor charge to a felony charge in Michigan just on hearsay and without any evidence? I always assumed that only a Circuit Court could add additional charges after all evidence has been presented to the court.
No, abandoned or thrown out evidence is generally considered inadmissible in court due to issues of chain of custody and the potential for tampering. To be admissible, evidence must be properly collected, preserved, and handled in accordance with legal procedures.
The most common context is in the setting of a civil lawsuit. A majority of the evidence must point to the defendant being the cause of whatever loss the plaintiff is claiming. Thus: "The defendant must be proved liable by a preponderance of evidence."
The sentence set by the court-martial must best serve justice, to ensure that the appropriate consequences are given for the actions committed by the accused.
An examination by court is a legal proceeding where a person is questioned under oath by the court or a designated officer. It is often used to gather evidence or obtain information relevant to a case. The individual being examined must provide truthful answers to the questions asked.
No, to be charged for a crime in the court of law there has to be supporting evidence.
They will charge based on the laws of the jurisdiction. And they will charge the maximum allowed under the law, but must have the court agree.
Can a District Court Prosecutor add a misdemeanor charge to a felony charge in Michigan just on hearsay and without any evidence? I always assumed that only a Circuit Court could add additional charges after all evidence has been presented to the court.
The COURT doesn't decide to hear a case based on evidence, the evidence only needs to convince the Prosecutor that a crime occurred, then HE brings the case to court for prosecution.
Yes, recorded conversations can be used as evidence in court, but there are specific rules and requirements that must be followed to ensure their admissibility.
To start, much of the evidence must be backed up with factual evidence, so that the circumstancial evidence is minimal.
No. Only a judge can change a court order in this state. The court establishes custody. In some states HRS has the authority to make changes. You should contact HRS and check the statues. You may need to get a lawyer.
It is a criminal offense and the defendant must appear in court to plead to the charge.
No, you cannot be charged with theft without proof. In order to bring charges, law enforcement and prosecutors must have sufficient evidence to support the claim that a theft occurred and that the accused was involved. This evidence can include eyewitness accounts, surveillance footage, or physical evidence linking the suspect to the crime. Without such proof, a charge would likely not stand in court.
If any evidence is acquired without a proper warrant for search and seizure, the evidence must be thrown out before court and the jury cannot use the evidence against the accused in a court case.
No. In order to be tried with any charge, you must first be charged with it. If you were never charged with DUI you can't be found guilty of that charge. HOWEVER - before you actually go to trial the prosecutor can file a motion with the court to AMEND the charge, and at that time amend the charge to DUI - IF they have evidence to sustain it.
You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.