If there is not enough evidence then the grand jury will issue a “No True Bill”. At his point, the prosecutor may request another grand jury, but it is not common practice. Some places do not use grand jury proceedings anymore so they have a preliminary hearing (Hill & Hill, 2012). A preliminary hearing is a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he or she committed the crime (Hill & Hill, 2012). A preliminary hearing is held in front of a judge where the prosecution presents only enough evidence to show probability of guilt.
Also the defense will ask for a change of venue to help with juries with believing someone is innocent. This defense attorney is determining to keep people innocent until they are proven guilty. He does not want someone who is innocent to have their name slander. He is an attorney for DUI cases which is kind of pretty hard to prove their innocent. This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail.
You have the right to talk to a lawyer and have him or her present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one” (Meyer & Grant, 2003). However there are exceptions to this ruling. For example, police officers may question a suspect before notifying him or her of these rights if there is a public safety issue. It is said that with the existence of so many exceptions may cause misunderstanding of the Miranda right and exploitation by the police.
Question 3: How long where you in the back of the store until you heard the yells from the suspect? Info wanted: The amount of time she was in the back to see if it matches with what she said she was doing in the back. Question 4: What was your husband doing in the front of the store (cleaning, stocking or waiting for other customers)? Info wanted: I want to know what the husband was doing when the suspects came into the store. Question 5: What did you do when you heard the suspect yelling at your husband?
Trident University Criminal Justice System Procedures (CJA 502) Summer 2010 Module 1 - Case 19 July 2010 Module 1 – Case Does the Federal Grand Jury System need to be reformed? Being that “Grand juries listen to evidence and decide if someone should be charged with a crime (Brenner, 2003)”, I believe the Grand Jury System to be in need of a reform. The evidence the grand juries hear, unlike a trial jury, is against the accused without allowing the accused to refute the evidence with evidence of his or her own. Other issues of concern as to why I believe in reformation of the grand jury system include: embarrassment, fear, manipulation, uphold rights, misconception, and unfairness. Illustrated statements for each aforementioned
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
Well, the defense attorney is supposed to protect the defendant's rights prior to trial. In a civil case, the defense attorney will file papers responding to the plaintiff's case, will investigate the case, talk to the defendant, talk to witnesses, gather evidence, get ready for trial, and negotiate with the plaintiff. In a criminal case, the defense attorney's role is even more strongly aligned with the defendant, to do everything they can to try to prevent the defendant from being found guilty; whether that's by going to trial or negotiating a plea bargain. Most criminal cases end with the defense agreeing to plead guilty to something. It's the defense attorney's role to try to get the charges reduced as much as possible.
In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
A writ of habeas corpus is a directive from a court requiring the government to justify the imprisonment of a citizen. Because of the writ of habeas corpus guarantee, an individual cannot be held for more than a short period of time without being formally charged with a crime. (McNamara, 2010) The Due process clause also affords the accused of the right to trial by a jury of ones peers. These case are handled so that in a federal proceeding formal charges can not be levied without a grand jury hearing where an indictment must be issued. The jury trial and grand jury guarantees are intended to protect private citizens from over-zealous police officers, prosecutors and judges.