master:2022-04-19_10-08-26. The Sixth Amendment and various state laws guarantee a defendant's right to a speedy trial. Many defendants, particularly those who are waiting in jail, want to enforce this right. But lawyers frequently advise their clients to "waive time"—that is, to agree to the proceedings moving slower than state law provides.
This is designed to encourage settlement negotiations and to continue the discussion if there is a chance your case might be resolved. If the judge is able to determine during the settlement conference that there is no hope of settlement, a definite trial date will be set and all parties will begin preparations for battle.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.Jul 22, 2019
Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.
The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision. The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" or "not liable" in civil cases.Sep 9, 2019
Can You Go to Jail at an Arraignment? You do not go to jail at an arraignment. An arraignment is just the opportunity for you to hear what the charges against you are and for you to respond legally to those charges with a plea of guilty, not guilty, or no contest.
The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
Neither parent has a better chance of getting custody in New York, which means that a father can get custody. Child custody cases are decided on a case-by-case basis. Custody can be decided when there has been a New York divorce or when the parents have not been married but have had a child together.
This most often occurs in domestic violence cases, but it can occur in any case where a complainant is able to identify the suspect. There may be no forensic evidence, no camera footage, no witnesses or anything else that supports what the complainant has said.
A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
With the leave of the court or upon the certificate of the Judge who tried him/her that it is a fit case for Appeal against his conviction on any ground of appeal which involves a question of fact alone or a question of mixed fact and law or any other ground which appears to the Court to be a sufficient grounds of ...
There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022
Here are five other possible reasons why your attorney might be able to get your charges dropped or dismissed: Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough.
Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried.
If the reason you wish to delay a trial is related to the trial, the court is likely to view it as justified. For example, if your eye witness won't be back in the country until July and your court date is June, a request for a delay sounds very reasonable. Likewise, if the other side just turned over evidence to you that requires you to hire and consult with a new expert, the postponement is in the interests of justice and might be readily granted.
Reasons to Postpone a Court Date. Court dates are often set by the clerk without consideration for individual schedules, which means that your court matter may be scheduled when you have something else planned. Changing a trial date or other hearing date is left to the sound discretion of the court. Obviously, you don't want to seek ...
The best way to get a new date for a court hearing is to ask for it as soon as possible. The further away the current date is, the more likely it is that the court will make room for you. If you ask the court two days before the hearing for a new date and it wasn't an emergency, you might have a problem. If you receive a notice of hearing six months in advance and you know you won't be available that day contact the court right away, and you'll probably get the date moved.
If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
If you decided to get married, purchased tickets for an overseas vacation, or signed up to take the state bar exam before you knew the court date, your motion to postpone the trial will likely be granted.
Changing a trial date or other hearing date is left to the sound discretion of the court. Obviously, you don't want to seek a change of court date for unimportant reasons, such as keeping a haircut appointment, but if it's open-heart surgery, go ahead and request a postponement.
To file the legal separation agreement in New York City, you must purchase an index number at a cost of $210 from the county clerk. Some counties outside of New York City don't require the purchase of an index number and only charge a fee of $5 to file a legal separation agreement.
The legal separation agreement must address all of the issues in a divorce, such as custody, child support, spousal support, and distribution of assets. Accordingly, agreeing to the terms of a legal separation agreement is often no easier than agreeing to the terms of a divorce.
The first, and by far the most common way is for the spouses to enter into a legal separation agreement. The second, and seldom used, way is for a judgment of separation to be granted by the Supreme Court of New York.
The grounds for starting an action for separation are the same as for a divorce with two differences. The first difference is that abandonment can be for a period of less than one year. The second difference is that the action for legal separation can be based upon non-support of the other spouse. As with a legal separation agreement, ...
Sometimes a legal separation agreement is entered into because the married couple may not get along, but they aren't ready to divorce.
The party who does not have an attorney may not appreciate the impact of the terms of the agreement until later, when the party lacks the money to seek legal redress. The party who does have an attorney may later find the other party relying upon lack of counsel as the basis to invalidate the terms of the agreement.
After being legally separated and living apart for at least one year, either party may start a divorce action based upon the ground of being legally separated. If a divorce action is based upon a legal separation agreement, a certified copy of the legal separation agreement must be filed with the divorce petition.