Soon after the MCR, an accused can apply for grant of Bail, within the provisions of section , and of Code of Criminal Procedure. During the investigation, a police officer in-charge can search, seize the material from the possession of accused, or elsewhere kept by the accused. See Section 27 of Evidence Act. After the completion of investigation, if the police officer found incriminating substance and prima facie case is made out, then he put up charge sheet against the accused.
If the offence is punishable with death, life or not less than 10 years, then charge sheet is to be filed within 90 days. Whereas the offence is punishable less than 10 years then charge sheet is to be filed within 60 days. See Section 2 a i and ii of Cr. Upon receipt of charge sheet under section of Code of Criminal Procedure, the court can either accept the charge sheet and put the accused to trial or reject the charge sheet and discharge the accused.
If upon the completion of investigation, the police officer does not found any prima facie case, then he can file a final report requesting a discharge of accused. Upon receipt of the final report, the magistrate can either direct the police officer to re-investigate and file report or can issue notice to the complainant for hearing upon the final report requesting the discharge of accused.
If the complainant does not satisfy with the final report requesting discharge of accused, he can request for treating the same as protest petition and try the accused independently.
On acceptance of charge sheet, the accused has to take necessary bail from the court and mater is posted for plea or charge as the case may be.
Whenever the offence is punishable with two years of punishment, then such cases are called as summons case and tried as summary trial within the exception of section of Cr. San Diego Juvenile Crime Lawyer. San Diego Federal Crimes Lawyer. This Is Attorney Advertising. This website is designed for general information only.
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I highly recommend them to anyone facing a litigation issue, they truly have their clients best interest at heart. Toggle navigation Menu. The Steps of a Criminal Trial. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury. Choosing a Trial Jury The first step then of a criminal trial is to select the jury.
During jury selection, the judge, the prosecutor representing the government , and the defendant through his or her respective criminal defense attorney will screen potential jurors from a pool of jurors. During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing.
After questioning a jury is selected. While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom. Fair Jurors for a Trial The role of a juror is an important one.
The court will hold a readiness hearing, known in some cases as an omnibus hearing, sometime between a few weeks to a few days before the scheduled trial date. The purpose of this hearing is to address or resolve pre-trial motions, review discovery, and take care of any other pre-trial matters.
While defendants are entitled to a trial by jury, they may elect to waive that right and have the judge hear their case. A trial consists of jury selection, known as voir dire, opening statements, examination of witnesses and presentation of evidence, jury instructions, and closing arguments.
The judge or jury will then render a verdict of guilty, known as a conviction, or not guilty, known as an acquittal. Errors during the trial may result in a mistrial, in which case the trial is terminated and prosecutors may choose to begin the case again.
Judges in Washington criminal cases determine sentences in all cases, even those decided by a jury. A defendant does, however, have the burden of proof for certain affirmative defenses, such as self-defense, entrapment, or insanity. Each side may make closing arguments once it has finished presenting evidence.
The judge issues instructions to the jury, known as the jury charge, including questions related to the elements of the charged offense. Both the state and the defendant can submit proposed jury charges to the court. Jury instructions are commonly drawn from federal or state pattern jury instructions.
Jury instructions are especially important on appeal, when errors may result in an overturned conviction. The jury retires to deliberate over the evidence. In some cases, jurors are sequestered during the deliberation period, but usually they are simply instructed not to discuss the case with anyone.
If the jurors cannot reach a unanimous verdict, the judge may declare a mistrial. If the jury enters a guilty verdict, the defendant can bring post-trial motions, such as a motion for judgment of acquittal or a motion for new trial. Last reviewed October Criminal Law Contents.
Stages of a Criminal Trial The trial is perhaps the best-known part of the criminal process , but it is only one of many stages of a criminal case. Voir Dire Defendants have the right to a trial by jury in many criminal cases, including all trials in the federal criminal system. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims.
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