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Competency to stand trial is generally determined via a pretrial evaluation of the defendant's overall mental status and mental state at the time of the examination. While CST is typically raised as a pretrial matter, a CST evaluation may be requested by the judge or either attorney at any point if a bona fide doubt is raised. While a judge has ...
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.
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 ...
May 8—Changes to New Mexico's pretrial release and detention rules that went into effect Wednesday drew mixed reactions. Some top prosecutors and the governor applauded the revision as an ...
In criminal proceedings, magistrate judges preside over misdemeanor and petty offense cases, and as to all criminal cases (felony and misdemeanor) may issue search warrants, arrest warrants, and summonses, accept criminal complaints, conduct initial appearance proceedings and detention hearings, set bail or other conditions of release or ...
In 2009, the Pretrial Justice Institute conducted a survey of state and local pretrial services programs in the United States. Of the 300 jurisdictions asked to participate, 171 responded. The survey found that 35 percent of pretrial services programs are administratively located in probation departments, 23% in courts, and 16% in jails.
The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. [5] Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction.
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 ...