Criminal Procedure Indictment & Pleading Issues Misdemeanor Statement Of Charges
Therefore, before trial, defendants have to resolve whether to have a jury trial (the place the jury decides if the defendant is guilty or not) or a court trial (where the judge decides). Usually, defendants select to have a jury trial because they want a jury of their peers to listen to the proof and decide their guilt.
14-seventy one.1, on the first trial, the jury was instructed on felony possession of a stolen motorcar underneath G.S. The defendant was found guilty and he efficiently appealed on grounds that the trial decide erred by instructing the jury on an offense not charged in the indictment.
But typically there could also be circumstances where a defense lawyer will advocate a court trial and not using a jury. Sentencing in Michigan varies with the crime and may be essentially the most confusing a part of the felony process. At the time of sentencing, the judge will think about the data in the pre-sentence report earlier than determining the sentence. The events may right factual errors in the pre-sentence report and provide additional proof related to the judge’s sentencing choice. The decide may contemplate totally different alternate options, similar to a fantastic, probation, group service, a sentence to jail or jail, or a mixture.
If probable cause isn’t confirmed, the felony charge could be dismissed or reduced to a misdemeanor for trial in District Court. When a day’s docket is ready the previous … Read More