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Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea ; in other jurisdictions, no plea is required.
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 ...
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
The right to counsel "does not depend upon a request by the defendant, and the courts indulge in every reasonable presumption against waiver." [6] This is a strict standard and is applied equally to an alleged waiver whether it occurred at trial or in a pre-trial proceeding, such as interrogation. This is not to be read as stating that a ...
The waiver should be unambiguous and clear to a reasonable person; In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power; A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to ...
When a defendant raises an argument and then abandons it, he may be viewed as having waived that argument. For instance, a defendant raised objections to the presentence report in his case but it was ruled that he waived those objections when his counsel and the judge had the following conversation: [3] THE COURT: All right.
Check with the school for more information.) St. Andrews University. UNC Asheville. UNC Pembroke. UNC School of the Arts (Application fee is only waived for certain applicants. Check with the ...
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.