Even if the prosecutor is unwilling to reduce the charge, the judge may do so at the preliminary or sentencing hearing or if the defendant petitions the court for a reduction and has completed felony probation.A judge considers these mitigating factors, based on the defendant’s:...
At a Contested Omnibus Hearing in Minnesota, a judge decides defensepretrial motionsafter a contested evidentiary hearing. Context: A jury trial will decide a criminal charge, unless the parties (or a judge) resolve it first. Several court appearances will happen before any trial. But the most ...
file motions with the court, and examine evidence. What is the law in California? California’s laws on pleas and plea deals typically follow the rules outlined above. California Penal Code 1016 PC is the primary state statute that authorizes you to enter a plea of: guilty, nolo contendere,...
in its entirety, argues that there are no conflicts in any of the material facts or conflicts in the inferences from the facts and that a summary judgment should be entered by the court. However, the party moving for summary judgment is strictly limited to arguing what it wrote in its ...
In California, a “motion to stay sentence pending appeal” asks the trial court to delay the sentence while the defendant appeals their criminal case. If the judge grants the motion, the imposition of the sentence will be temporarily paused until the ap
A summary judgment is a ruling by the court on the law to apply to a case, a shortcut procedure only available if the court first finds that no material facts are in dispute. Either party can bring post-judgment motions, and the losing party can appeal.
But, before the county can sell your home it must provide for a court hearing at least 30 days in advance. Because the property is usually worth more than the tax liens against it, often there is a surplus which can be claimed by other lien holders or the the former prop...
A clerk of the court is only present for criminal cases. Their job is to keep track of the motions and pleas that might occur throughout the case, and... Learn more about this topic: People in the Courtroom | Professionals vs. Nonprofessionals ...
You could even have a future witness listening in on the testimony, when that same witness would be barred from an in-person court hearing. Virtual hearings also pose cybersecurity concerns, such as hacking or unauthorized access to proceedings. Courts should also ensure their technology is top-...
The motion to suppress is a formal written document which discusses the evidence in question and the reasons that the lawyer is requesting exclusion. Typically both sides in a case present motions before the start of trial. The judge may potentially ask the lawyers for a meeting to discuss part...