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Courts will lend a defendant all practicable help in securing evidence necessary for a defense, if it is sought in a timely manner. It is usual to grant a continuance if there is a problem in gathering evidence or the serving of subpoenas upon witnesses, if the defendant is not at fault for the delay. (See Powell v. Alabama) [6]
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
In Victoria, bail may be refused to a defendant who faces a more serious charge unless the defendant demonstrates compelling reasons why bail should be granted. [8] Compelling reasons may generally be established by demonstrating that jail is an unlikely outcome for the charge, or that bail conditions can be imposed that make re-offending unlikely.
It is usually held soon after a defendant's arraignment. The main purpose of the hearing is to determine the evidence, including testimony and evidence seized at the time of arrest. [1] The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case.
Due to the amount of papers involved this case was classed as a VHCC by the Legal Aid Authority (LAA) who pay the defendant's costs, as free representation (legal aid, is required under the European Convention on Human Rights). Barristers in protest of the cuts refused the instructions to act on behalf of the defendants at the reduced fees and ...
Relatedly, the filing enumerates the criminal law(s) that the defendant allegedly violated. Finally, the defendant is scheduled for an arraignment which is when the charge is formally and openly presented. If the defendant pleads not guilty at the arraignment, the court schedules a preliminary hearing. [6]
Former cryptocurrency executive Caroline Ellison was sentenced on Tuesday to two years in prison for her role in her former boyfriend Sam Bankman-Fried's theft of $8 billion in customer funds from ...
The defendant is estopped from presenting the related defense, or the plaintiff is estopped from making the related argument against the defendant. Lord Coke stated, "It is called an estoppel or conclusion, because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth."