Definitions

1. Defendant was charged with second degree murder and convicted of voluntary manslaughter. (Web site)
2. The defendant was committed in pursuance of the sentence and paid the fine the day after his commitment.
3. The defendant was arrested and incarcerated in the county jail at Atoka and charged by preliminary complaint with the crime of murder.
4. Defendant was found guilty of the murder.
5. Defendant was arrested and jailed pending trial.

Appeals Process

1. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict.
2. The defendants attorney will present the defendant with a complete appeals process.

Defendants

1. The charges filed against the defendant at arraignment may be different from those originally filed by the arresting police officers.
2. The defendant should ask his defense attorney to thoroughly review a transcript of the entire trial prior to preparing an appeal.
3. What the defense attorney says will not be used against the defendant.
4. Even when a conviction has been expunged it can still be used against the defendant's sentence if the defendant is again convicted of a crime.
5. Following voir dire is the presentation of evidence by the State and the Defendant.

Prosecution

1. Once the defendant testifies, he opens himself to cross-examination by the prosecution.
2. Latin for "I will not defend it." Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. (Web site)

Defendant Must

1. The defendant must make sure he understands what the attorney is doing, and why he is doing it, before it is done.
2. The defendant must prove to the court that representation is sub-standard, even incompetent. (Web site)

Criminal Process

1. In the criminal process, the defendant is the one who stands to lose the most.
2. Defendant's often compromise their defense because of ignorance of the criminal process and their rights.

Presents

1. The defendant can't wait until after the attorney presents the defense to inquire as to the course of action.
2. The possible punishment is not a reflection on the case or the judges view of the case or the defendant.
3. A defendant's past record is a large consideration when determining an alternative or lesser sentence within the lower end of the sentencing guidelines.
4. Normally the defendant has between seven and ten days from final judgment to file an initial appeal.
5. A prima facie case is where the plaintiff presents enough evidence to win outright barring any defenses or additional evidence presented by the defendant.

Plea

1. The vast majority of convictions result from a guilty plea by the defendant.
2. It is highly unusual that a defendant would enter a guilty plea at the arraignment.
3. The defendant may withdraw a plea by bringing a motion to withdraw a plea.
4. A plea by the defendant claiming guilt.

Lower Court

1. After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to change the lower court's decision.
2. The appellee may have been the plaintiff or defendant in the lower court. (Web site)

Prosecutor

1. In discovery, the prosecutor must provide the defendant with information about the defendant's case.
2. The defendant must be certain to understand the charges filed, and to confirm if they are different from what they were at the time of arrest.
3. The defendant usually will be provided with a written allegation from the prosecutor.

Ask

1. The defendant may ask the court to appoint a public defender at the time of the arraignment.
2. No one but the Defendant may ask the jury for a change of venue.

Completed

1. Convictions usually cannot be expunged until one year has passed and the defendant has completed serving the sentence.
2. Once a defendant has completed the initial arraignment and preliminary hearing in a felony case, the defendant is arraigned in Superior Court. (Web site)

Defendant Pleads

1. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency.
2. By avoiding a possible court trial, the defendant may plead to a lesser charge and therefore avoid a potential stiffer penalty.
3. And in actions upon contracts if the plaintiff do not sue all the contractors, the defendant may plead the non-joinder in abatement. (Web site)

Trial

1. At the trial a decision will be reached as to the innocence or guilt of the defendant.
2. Others do not allow the defendant a jury trial in misdemeanor cases.
3. Once the arraignment is completed, the defendant prepares for trial in Municipal Court.

Probation

1. Defendant, on probation for various felonies, was arrested for murder.
2. PROBATION REPORT: Sets forth history of crime, background of defendant, and recommendations for sentencing. (Web site)

Guilty

1. The defendant is innocent until proven guilty.
2. In addition, the judge will ask whether the defendant will plead not guilty.
3. The defendant may plead guilty, not guilty or no contest.
4. This only occurs when the defendant's plea is "not guilty" in a felony charge. (Web site)
5. After the guilty verdict and sentence, defendant appealed his conviction to the Appellate Division. (Web site)

Speedy Trial

1. The right to a fair and speedy trial and the right to be provided a specific statement of the charges are two other very important rights of a defendant.
2. This occurs at trial, usually after the plaintiff has closed his or her case, but before the defendant has adduced evidence.
3. After the district court preliminarily enjoined defendant Dragon Pacific from infringing Nintendo's copyrights, Dragon Pacific sought a continuance of trial. (Web site)
4. Speedy Trial A rule of law wherein the defendant must be brought to trial within a prescribed number of days after arrest.

Appear

1. The defendant may appear alone, or he may bring legal counsel.
2. The bail agent guarantees to the court that they are responsible for the bond if the defendant fails to appear.
3. BAIL BOND - An agreement by a third party to pay a certain sum of money if the defendant fails to appear in court.

Plaintiff

1. Counterclaim - A claim made by the defendant in a civil lawsuit against the plaintiff. (Web site)
2. Butcher [1976] QB 286, Court of Appeal, the defendant was driving negligently and crashed into the plaintiff's car.

Criminal Case

1. Represents the state in a criminal case against a defendant. (Web site)
2. The formal document prepared by the court clerk to present a convicted defendant in a criminal case to the Department of Correction for incarceration. (Web site)
3. In a criminal case, the defendant is usually said to be "in jeopardy" after the preliminary hearing has taken place and the jury has been sworn in. (Web site)

Nolo Contendere

1. In addition, in some jurisdictions the court may ask for a report from the probation department prior to sentencing the defendant.
2. At an arraignment, it is possible for the prosecution to waive or eliminate the possibility of jail time for the defendant.
3. If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere.
4. By issuing a plea of nolo contendere, or "no contest", the defendant accepts the punishment without formally admitting that he was guilty. (Web site)
5. Some jurisdictions with jury trials allow the defendant to waive their right to a jury trial, this leading to a bench trial.

Bail

1. At the arraignment, the identity of the defendant is confirmed, bail is established, charges are ascertained and an attorney of record is confirmed.
2. Prior to the posting of the surety bond, the defendant, friend or relative must contact a licensed bail agent.

Defendant Receive

1. The defendant will receive his bail back at the completion of all court appearances.
2. It is recommended that the defendant receive legal representation prior to arraignment.

Judge

1. In a felony case, the judge will set the defendant's tentative preliminary hearing.
2. At the arraignment the defendant will appear before a judge.
3. In some states it is the automatic right of the defendant to recuse a judge on the basis the defendant believes the judge to be biased. (Web site)

Discovery Process

1. An arraignment is the process by which the defendant is read specific charges against him.
2. As part of the discovery process, the defendant may file pre-trial motions.
3. This waiver is done by the defendant requesting that the court allow the defendant additional time to engage in the discovery process.

Witnesses

1. The claimant or the judge or arbitrator may ask questions of the defendant and the witnesses called by the defendant. (Web site)
2. Other witnesses can be presented in support of the claimant, and they, too, can be questioned by the judge or arbitrator or the defendant. (Web site)

Motion

1. Defendant contends that Sandoval contemplates a pre-trial determination akin to a motion to suppress evidence.
2. If there is no probable cause for the arrest, there may be a basis for the defendant file a motion to dismiss or a motion to suppress.

Present Case

1. During the trial, the prosecutor must present a case that convinces the judge or jury beyond a reasonable doubt that the defendant is guilty.
2. The police officers and the prosecutors work together to present a case against the defendant.

Convicted

1. Sentence - The punishment ordered by a court for a defendant convicted of a crime. (Web site)
2. The defendant may lose rights and privileges as if the defendant were convicted after trial.
3. A plea in a criminal case that allows the defendant to be convicted without admitting guilt for the crime charged. (Web site)

Criminal Defendant

1. Conviction - A judgment of guilt against a criminal defendant. (Web site)
2. Sentencing: When a criminal defendant is brought before a judge after conviction for ordering the terms of the punishment. (Web site)
3. Civ. PI. 312. See form of a plea in abatement for a misnomer of the defendant in 3 Saund. (Web site)

Categories

1. Encyclopedia of Keywords > Society > Law
2. Encyclopedia of Keywords > Information
3. Glossaries > Glossary of Legal Terms /
4. Books about "Defendant" in Amazon.com
   

Continue: More Keywords - - - - - - - - - -