What is the difference between an Arraignment Hearing and...?
Arraignment is the first phase of a criminal case after arrest. Its where a person sees a judge and the judge reads the charges to the defendant, orders of protection are issued and other applications to the court are made. The judge has the option to either ROR's (release on his own recognizance) him or sets bail on him since they view him as a flight risk. If bail is set, you can pay the bail, 24 hours a day to have him released. If you cannot afford to pay cash, you can find a bail bondsman, who will take the title of one of your assetts (home, car, trailer, etc). You will need to have AT LEAST 10% CASH of the bond amount, which will not be returned to you. A preliminary hearing is a bit different by jurisdiction. Some jurisdictions perform swearability hearings for YOUNG witnesses, they can perform a probable cause hearing, give rulings on admissibility of evidence, oral and written statements, an order of protection hearing or just about anything else. However, in my jurisdiction, these hearings usually take place after motions are submitted and the court decides whether a defendant has the rights to the hearings that he's requesting.
What does it mean when a trial is cancelled/vacated?
I don't have all the details because I am not the defendent, I am going on the information that is available via public records. The defendant has 10 charges against him- attempted 1st and 2nd degree murder, assault, armed robbery, CDS possession/distribution, drug trafficking, etc. Yeah he is probably cooked. The criminal motions were set for today and I checked public records and it said that the motions were postponed and that the previously set criminal trial date for next week has been cancelled/vacated. In addition, the defense (I assume), filed a waiver of Hick's rule which, upon my investigation, is the waiver of a right to a speedy trial. Based on the little bit of information I have, what happened in this case? Is it likely that the defendant has opted for a plea bargain?
Criminal Law: Under what circumstances can the right to a jury trial be denied?
Thought I'd posted an answer earlier today, but it doesn't seem to be showing up. Hopefully, this won't be a duplicate.Since there is clearly some misinformation going on in some of these answers, I want to re-emphasize the comments that have claimed a defendant can be denied a jury trial in a criminal case if you are at risk for less than six months incarceration (although that does not seem to be the issue in the case referenced by the questioner). That is absolutely correct and has been for some 45 years when the Supreme Court in 1970 ruled in Baldwin v. New York 399 U.S. 66 (1970) that "though "petty crimes" may be tried without a jury, no offense can be deemed "petty" for purposes of the right to trial by jury where imprisonment for more than six months is authorized". States may provide extra protection for the right to trial by jury in their own laws, but this is the minimum standard.In recent years, we have observed that prosecutors have been using this to circumvent defendants asserting their right to trial by jury:(a) by dropping charges against the defendant so that they are not at risk for six months or more incarceration, thereby nullifying their access to a jury trial, and(b) by arguing that a defendant cannot demand trial by jury unless at least one of the charges independently—as opposed to the cumulative potential punishment of multiple charges—amounts to at least six months incarceration.
If you plead not guilty at an arraignment, does the defendant have the right to speak at the next hearing? What if the judge doesn't allow it?
I’m not a lawyer, but I’ve been through “the system”. The 2 responses from lawyers are very confusing and simplistic.. If you plead not guilty, you don’t go directly to sentencing. You only go to sentencing if 1) you plead guilty, 2) agree to a plea bargain (which is the same as pleading guilty), or 3) are found guilty at a trial by a judge or jury. These are lengthy processes with several different types of hearings along the way. You always have the right to speak, if respectfully requested, and the judge should allow you to speak. It’s called due process. You have a Constitutional right to this. You should have a real lawyer to explain this whole process to you. Never sign anything that includes a waiver of any rights without consulting a lawyer. You have a right to say no to the prosecutor, and to the judge if done respectfully. The accused (defendant) is innocent until proven guilty, and the burden of proof is on the state, ie. the prosecutor. They must prove, beyond a reasonable doubt, that you committed the offense with which you are charged. A lot of this depends on the type of evidence the state (meaning the prosecutor and cops) has against you. You should maintain your innocence, you should go to trial and make the state prove your guilt. That’s their job. You can always speak, carefully and respectfully, to the judge. NEVER speak to the prosecutor without a lawyer. You have the right to remain silent. You can always ask the judge questions. You can always explain (to the judge) that you don’t understand what is happening and that in order to get a fair trial, you need a lawyer. “Fair trial” are the key words to use. You can always ask for a public defender if you can’t afford a lawyer. The prosecution, and sometimes the defense attorney, will try to railroad you into accepting a plea bargain. This is the same as saying you are guilty. Don’t let them bully you. Don’t do it without sound legal advice! Stand up for your rights.
If a person admits commiting a crime do they get a trial?
Confessing to the police that you committed a crime is not the same as entering a guilty plea to a court, at least in the United States this is how it works: If you walk into a police station and admit to murder, you will be jailed immediately. You will then be given the options to hire a lawyer, have a public defender assigned to your case to represent you or represent yourself. In some states, actually all that I know of, a grand jury will be convened to determine if there is enough evidence against you to warrant a prosecution or trial. It is possible that the grand just would determine that there is no evidence or not enough to take you to trial. This would happen if they think you're crazy and just admitting to crimes for fame, or there literally is no evidence against you other than your confession (ie no corroborating evidence that you committed the crime you claim to have). If a grand jury finds that there is enough evidence against you to warrant a prosecution, you will then be arraigned. An arraignment is nothing more than a hearing where the charges against you are formally presented in court you/your attorney will be asked if you understand the charges and wish to enter a plea. The prosecutor may ask for a certain bail or bond to be set, but this is at the judges discretion based on arguments for and against it by the prosecutor and you/your lawyer. If you enter a plea of guilty at the arraignment, you will not get a trial, unless you change the plea to not guilty later on. If you plead not guilty that begins the process of gearing up for a trial and the eventual trial itself, unless of course you make a deal with the prosecutor. A deal would be something like instead of 1st degree murder, the charge is dropped to 1st degree manslaughter with the prosecutor asking for a maximum sentence of 25 years in exchange for your plea of guilty to the lesser charge.