The judge will determine if the prosecution of defense has a stronger argument B. Defendants are released if enough evidence is not provided at preliminary hearing III. Arraignment A. Defendants are formally charged with the crime they are being held for B. The defendant enters a plea 1.
If the person is not charged it is so they can further the investigation, if they are charged it is so they can remain at liberty until the court date. The decision whether bail should be granted is made by the Custody Officer, under section 38 of PACE. They can refuse bail if the name and address can not be discovered or is not genuine. The magistrates also have the power to grant bail if the police have charged the suspect and have refused to grant bail. The suspect must be brought before the Magistrates court at the first available opportunity.
Going before a grand jury is favorable to the prosecutor because the jury only hears what the prosecutor has to say and will then deliberate whether the case should go to trial or not. Before a preliminary hearing ever occurs the prosecutor has to file a complaint within forty-eight hours following the defendant’s arrest. At the preliminary hearing, the hearing judge will seek to determine whether there is probable cause to believe that a crime has been committed and that the defendant committed it. All of the witnesses are brought to the court and the defense will cross examine the witnesses. During the hearing the defense will motion to suppress any evidence against them that could lead to a guilty plea.
If the offender has committed more than one crime he can either do consecutive time which is one sentence after another or concurrent which is the sentence will run at the same time. (Sobiech, 2012) Not all offenders will go to jail, some will have to pay a fine, be put on probation, or a combination of all. “Some cases are appealed and the offender’s attorney must file the appeal. An appeal is to ask a higher court to reverse the decision of a trial court after final judgment. No new evidence can be entered during an appeal.” (Hill, 2012) Once the appeal is settled it either gets reversed or stands as is and the offender is sent to start his
Adjudication (trial, basically) occurs to determine guilt or innocence. If convicted, then comes sentencing. Once sentenced, corrections comes into play (via jail time or other punishment), then probation and
Depending on the crime: misdemeanor, felony, or petty offense; punishment is rendered after a conviction is determined. Mitigation by the defense attorney occurs prior to sentencing. According to The Law Offices of Patrick Maher (n.d.), “after a guilty finding, the judge gives the attorney an opportunity to speak on behalf of the client. This is called mitigation, defined as “to make less severe.” This is a very important part of the process and can have a dramatic impact on the judge’s decision.” The crime and circumstance dictates punishment and sentencing. Punishment can include probation, imprisonment, community service, and fines.
If the accused appears in court the money is refunded at trial but if the accused refuses to appear then the money is not refunded and a warrant will be issued for his or her arrest. At the time of an arrest the officer is responsible for reciting the Miranda rights to the accused ("Sixth Amendment", n.d). References Due Process Model Law & Legal Definition. (2013). Retrieved from http://definitions.uslegal.com/d/due-process-model/ The United
Witnesses are present in the courtroom to give testimonies about facts pertaining to the case. Witnesses can be present to help the accused proving his or her innocence or they could be there to make sure the accused punishment fits the crime they have committed. Witnesses fall into three categories; plaintiff’s witnesses, government’s
The judge, a disinterested party, ensures that the two sides play by the rules. The adversarial process can sometimes seem to result in defense attorneys and prosecutors advocating for one side at the expense of the truth, the process requires lawyers to strike the most advantageous deal they can for their clients, even if they realize that other
A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant. With sentencing, you have two different types you have consecutive sentence and concurrent sentence. With consecutive sentence it is when offenders found guilty of more than one charge may be ordered to serve one sentence after another is completed. With a concurrent sentence it will run at the same time. Then you have the corrections, when an offender is charged then the correction stage begins.