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The information or indictment must be filed within 30 days from the date of arrest or service of the summons. [2] Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. [3]
Unlike the federal constitutional right to a speedy trial, California does not treat a "uncommonly long" delay as giving rise to a presumption of prejudice under its state constitutional right to a speedy trial, meaning the defendant must show actual prejudice in the sense that evidence material to his defense was actually lost or damaged as a ...
This is also known as a "ready rule". [5] The federal law detailing this right in federal actions is the Speedy Trial Act of 1974. In 1979 the Act was amended to ensure that the defendant had time to provide a suitable defense. This amendment made it so trial could not start within less than 30 days after the defendant first appeared in the ...
The grand jury's decision is either a "true bill" (formerly billa vera, resulting in an indictment), or "no true bill". Rule 7 requires that the information (accusation) presented, by a competent public officer on their oath of office, must be a plain, concise, and definite written statement of the essential facts constituting the offense ...
In truth, Trump was the one who tried to steal the election, federal prosecutors said Tuesday in a sprawling indictment that paints the former president as desperate to cling to power.
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony ; jurisdictions that do not use that concept often use that of an indictable offence , an offence that requires an indictment.
Trump's superpower is his ability to survive scandals and criminal allegations that would kill off mere mortals. The danger is voters growing numb to his serial indictments.
Federal Rule 403 allows relevant evidence to be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice", if it leads to confusion of the issues, if it is misleading or if it is a waste of time. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."