A preliminary hearing is held in front of a judge where the prosecution presents only enough evidence to show probability of guilt. The defendants usually put forth no evidence unless there is a good chance of getting the charges dismissed. In John Doe’s case he would probably got a grand jury unless one was not available. There are several things a judge takes into consideration when setting bond. Such as: the protection of the public, the seriousness of the offense charged, if the offender is a flight risk, previous criminal record, potential danger he would pose to society only to name a few (Legal,
The first stage in filing a civil suit begins with the pleadings. The pleadings are the necessary paperwork needed to initiate and respond to a lawsuit. The pleadings consist of the complaint, answer, cross-complaint and reply. The complaint part of the pleading here the plaintiff states why he is filing the suit against the defendant. The complaint leads to a summons being served to the defendant.
The jury is instructed to keep discussing the case until it reaches a decision or until it is clear that the disagreements are insurmountable and that there will be a hung jury. If there is a hung jury, the case can be retried before a new jury. TYPES OF COURTS Federal and State Courts There are two types of courts in the United States: federal and state. Detailed rules exist for what types of cases can be filed in each type of court. Only very limited types of matters can be brought in federal court.
The discovery stage is next, where the parties will try to find evidences, which will be presented against each other or on each side. Questions are asked by each party in writing from each other, which is process through the legal document known as interrogatories. The questions or findings may also be done through oral counseling, known as deposition. When the discovery process is complete the defendant will file a motion of summary judgment. This will allow the defendant to reject the case, due to not enough evidences to support the claim presented by the plaintiff.
a party may claim that the law that was applied violates the United State constitutions. After all briefs are received, a case is scheduled for oral argument by the Appeals Court. There is also argument where, each attorney has a chance to present arguments directly to the Justices who will be deciding the case. The Justices usually ask questions to the lawyers. After questions are asked then there is a decision that can be made or further action may be
The legal requirements that they have to follow are based on the evidence that is present looking into the physical signs of the aggressors. Normally when the arrival of an officer they will look into the argument s meaning the pointing finger as to who did what. An officers has to follow the procedures in their stat normally there is a mandatory arrest when dealing a domestic situation (Hess Orithmann, C. and Hess, K.M., 2013, p.311). What physical or photographic evidence should be obtained in this
All available evidence should be presented to the defense attorney and where all motions to drop the charges or to suppress evidence should be done. Afterwards, the trial process. Presenting The Case Officers must conduct a pre-trial service investigation. They gather and verify important information about the defendant and the defendant’s suitability for pre-trial release. When the officers are notified that the defendants have been arrested, the investigation begins.
They will discuss the matter of the case with the prosecution. They will be trying to find some kind of fault with the prosecution and everything in the case. They will represent the defendant at all the pretrial procedures such as, the arrest, interview, lineup, and arraignment. They also can enter into negotiations with the prosecution. They will defend the client in court and any where else they may need to go.
The first discovery is interrogatories, which is allowing one party to answer questions under oath to describe to exactly what happened from his or her perspective. Then there is a request for admission by one party to admit or deny that the paper work the two parties agreed on is true. For example if when the plaintiff attorney is asking the defended if they owe the plaintiff any certain amount of money. Another discovery is the request to produce or inspect. This paper work allows each party to view one another documents along with physical property to the lawsuit.
In criminal justice many documents are written to make sure that everything is done correctly. Police officers fill out reports when they have a case. If they do not fill out the report properly it could do damage when it comes to the situation going to court, if it does go to court. Verbal communication is important in the same sense. When someone is talking to you the person needs to speak clearly and not leave any words out.