Pretrial Procedure Form
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What steps are typically taken during pretrial activities?
During this time, the prosecutor and the defendant's lawyer share information (called discovery). There are court dates to try to signNow an agreement or make plans for trial. Either side can also ask the judge to make a decision about the case (file a motion). In a felony case, there will be a preliminary hearing.
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What are the three most common pretrial motions?
Common pre-trial motions include: Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. ... Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence. ... Motion for Change of Venue – may be made for various reasons including pre-trial publicity.
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What are the steps in a trial?
Criminal trial overview Pick a jury and evidence issues. Jury selection. ... Opening statements. Both sides start by giving an overview of what they plan to show at the trial. ... Prosecution presents its case. The prosecution presents its witnesses and evidence. ... Defense presents it case. ... Closing arguments. ... Jury makes a decision.
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What is the first step in the pretrial process?
After the arraignment, there's a pretrial period. During this time, the prosecutor and the defendant's lawyer share information (called discovery). There are court dates to try to signNow an agreement or make plans for trial. Either side can also ask the judge to make a decision about the case (file a motion).
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What are possible reasons for a defendant's pretrial motion to be dismissed?
Reasons to File a Motion to Dismiss in California Insufficient Evidence. In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. ... Statute of Limitations. ... Violation of the Right to a Speedy Trial. ... Double Jeopardy. ... Errors in Filing the Complaint. ... Other Reasons.
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What are the three most common post-trial motions?
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss. Motion for judgment of acquittal.
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What are the 7 stages of a case?
MENU Steps in the Federal Criminal Process Investigation. Charging. Initial Hearing / Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.
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What is the most common type of pretrial release?
Traditional bail is the most common form of pretrial release. It involves the defendant paying a sum of money to the court as a guarantee that they will appear for their trial. If the defendant shows up for trial, the money is returned.
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