How long after a preliminary hearing is trial?
How long after a preliminary hearing is trial?
Jury Trial The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing. The trial must start within 60 days of the arraignment on the Information. The defendant can “waive” the right to a speedy trial (called a waiver or “waives time”).
How long do preliminary hearings take?
A typical prelim may take from a half hour to two hours, and some prelims only last a few minutes. Preliminary hearings are conducted in front of a judge alone, without a jury. Trials can also be conducted by judges alone, when the defendant waives the right to a jury, but prelims never involve a jury.
What does direct indictment mean in VA?
Virginia also authorizes what is known as a “direct indictment”, which is an indictment that either was not preceded by any warrant or preliminary hearing, or was preceded by a warrant and a preliminary hearing in which a district court declined to find probable cause.
What happens after you get indicted?
After you’re indicted, then you’ll go to trial. Getting to trial, however, isn’t as cut and dry as it’s portrayed on television. There will be numerous pre-trial hearings, and depending on how busy the courts are in your state, it can be months or even years before you’ll ever make it before a jury.
How often do indictments come out?
Sets of indictments are made public usually a day or two after a grand jury meets. Check every week if necessary. Even if an indictment has not been returned, it does not mean court proceedings have paused.
Can you be indicted without evidence?
The straight answer is “no”. You cannot be charged and eventually convicted if there are no evidence against you. If you happen to be arrested, detained, and charged then there is most likely a probable cause or a physical evidence that points towards you.
What decides the verdict in a felony trial?
During the trial, witnesses may testify and the lawyers present evidence. After all the evidence is presented and the lawyers give their arguments, the jury decides if the defendant is guilty or not guilty.
Which plea is the same as a guilty plea but Cannot be used as evidence?
In California, a nolo contendere plea is known as a West plea after a seminal case involving plea bargains, People v. A nolo contendere plea to any felony is considered exactly equivalent to a guilty plea for the purposes of civil actions; this plea to any non-felony is not admissible to a civil action.
Can judges overrule the jury?
To overturn a guilty verdict, the judge must look at all evidence presented most favorable to the prosecution. The judge can only grant judgment to overturn the verdict if the evidence clearly fails to establish guilt. A judge will never interfere with a jury’s decision and process unless there is a legitimate reason.
Does a judge determine sentencing?
If the defendant is convicted in a criminal case, the judge will set a date for sentencing. In most states and in the federal courts, only the judge determines the sentence to be imposed. (The main exception is that in most states juries impose sentence in cases where the death penalty is a possibility.)
