Criminal Procedure > Controlling The Courtroom > Restraining The Defendant
In some cases you could be called to provide Grand Jury and/or criminal trial testament. If you turn into aware that the results of your work product are going for use in a felony matter you should seek the advice of with your personal counsel instantly to determine your obligations to both the consumer and the suitable authorities. Often your shopper shall be an attorney who engages you on behalf of their client, (a celebration to the matter) and the attorney’s consumer might be responsible for paying your charges. Your obligation firstly is to your consumer and you should report your findings to your shopper/counsel.
If your client has the intent to have a suspected illegal matter referred to the right authorities you’ll be able to employ procedures to assist preserve and document evidence. If a civil case turns right into a felony case you could be asked to assist prosecuting authorities in their investigation.
A jury somewhat than the choose is required to determine whether the defendant will obtain the demise penalty. At this level, the defendant’s legal professional might ask for a judgment of acquittal. This means that the attorney is asking the courtroom to determine the case within the defendant’s favor because the prosecuting attorney did not current enough evidence to prove the case against the defendant. If the decide agrees that there is not enough evidence to rule towards the defendant, the decide rules in favor of the defendant, and the case ends. Arraignment – At the arraignment, the defendant enters a plea of guilty, not responsible, or no contest (nolo contendere).
If the defendant enters a not guilty plea, the judge will set a trial date. If the defendant enters a guilty plea or declares no contest to the fees, the judge will set a date to condemn the defendant for the crime. The decide—or on the defendant’s request, a jury—can hear proof on the fees and find the defendant guilty or not guilty. If the defendant is convicted by a plea or trial verdict, a probation division prepares a report for the decide summarizing the crime, and the defendant’s personal and legal backgrounds. The probation officer concludes the report with a beneficial sentence.
If throughout your investigation you uncover what you believe you studied to be criminal exercise, such as a fraud or embezzlement scheme, inform your consumer/counsel immediately. It is partaking counsel or your shopper’s counsel’s choice as as to if or not to refer your findings to the suitable authority. There is no requirement for you to report your findings to any legal or tax authority however you must make your shopper conscious that they need to seek the advice of their very own counsel. Also notice that whereas your findings could also be used to facilitate a civil settlement they can’t be used as a veiled menace for legal prosecution.
This is the primary court appearance for each misdemeanor or felony. The court docket determines whether a bond might be required, the amount of bond and bond circumstances (e.g, “no contact” with the complaining sufferer). Bond is set in nearly each case, but it’s up to the defendant’s personal resources to post the bail money, which permits him to be released till the next court listening to.
The District Attorney’s Office then decides whether to file felony expenses, and what these expenses should be. Sometimes costs are filed earlier than the defendant has been arrested.
At the preliminary hearing, the prosecutor is required to current sufficient evidence to prove that it’s more likely than not that the defendant committed the charged crime, allowing the case to move forward in the felony justice course of. In felony instances, the police can arrest an individual on an “investigatory hold” and write a report summarizing the occasions leading up to the arrest, and ship their report and investigation to the District Attorney’s Office for consideration of filing of charges.
In my experience, it is a crime to threaten criminal prosecution to facilitate a civil settlement. Civil trial procedure is much like criminal procedure, with both sides having the chance for opening and closing statements, direct examination and cross examination of witnesses, and introduction of other evidence. In Arizona, the Legislature has established a variety of sentences for different crimes, and the choose should impose a sentence within the vary outlined by regulation. The options could include probation, fines, imprisonment, or a mixture of these punishments.