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In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence.
The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts arraignments (initial court appearances following arrest) and preliminary hearings in felony cases (generally, more serious offenses punishable by ...
The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case. The purpose of the hearing is to see if the rights of the defendant have been violated, and it is the duty of the judge to make sure that the oath of office is preserved under article 6 paragraph 2, supremacy ...
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
For example, an FTA can qualify as a misdemeanor or felony in Idaho depending on the underlying offense: A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place.
Mar. 7—Cass County Court and Pretrial Services (CCCPS) might be unfamiliar to some residents. However, those involved in the program work hard to keep people out of jail and ensure that anyone ...
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy the behavior leading to the arrest.