why a court case can go back into discussion ? lawyer request the dicovery on a stalking charge

by Reed Bartell 4 min read

Do lawyers make mistakes at court?

The judge—or at the defendant’s request, a jury—can hear evidence on the charges and find the defendant guilty or not guilty. 4. Sentencing – If the defendant is found guilty, the court imposes the appropriate punishment (sentence). 5. Appeals – Appeals from decisions of limited jurisdiction courts go to superior court.

What happens if I disagree with the decision reached after trial?

Oct 13, 2014 · You should ask your lawyer why he asks for continuances. You can explain to your lawyer that you want to go forward, but you should really have a conversation with him and listen to what he has to say. I understand you want your case over with, but …

What happens when an attorney withdraws in the middle of case?

Learn about discovery -- the legal procedures used to gather evidence for a lawsuit. Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at ...

What happens if a criminal procedure is not followed properly?

Mar 12, 2019 · United States, 405 U.S. 150 (1972).) Defense attorneys routinely submit requests for discovery, and they make sure to ask for the above evidence, which often goes by “ Brady material.”. The government violates the law by not turning over this kind evidence, even if the failure to disclose wasn’t intentional or was beyond the prosecution ...

What is the discovery process Why is this process important to the disposition of cases?

Discovery enables the parties to know before the trial begins what evidence may be presented. It s designed to prevent "trial by ambush," where one side doesn t learn of the other side s evidence or witnesses until the trial, when there s no time to obtain answering evidence.Nov 28, 2021

What is a discovery process?

If a lawsuit gets past its initial stages, the plaintiff and the defendant will go through a period of discovery. This involves asking the opposing party or other people to provide information that would not be publicly known or readily available to the party seeking it.Oct 18, 2021

What can a party do when the other side fails to respond to discovery requests?

Motions to Compel – If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.Nov 29, 2018

What does discovery mean in lawyer terms?

Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It's just a fancy word for evidence. Whenever an attorney says, “I'm going to request discovery,” that means they're going to get the evidence that the state claims they have.

What is a Rule 37?

The purpose of Rule 37 is to establish and regulate a judicial case management system to apply at any stage after notice of intention to defend or oppose is filed.Jun 28, 2019

What is a Rule 37 motion?

Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

What happens if the defendant in a civil suit does not respond to the charges?

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!

What is the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.Sep 2, 2021

How do you convince a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

Jennifer L. Ellis

You should ask your lawyer why he asks for continuances. You can explain to your lawyer that you want to go forward, but you should really have a conversation with him and listen to what he has to say. I understand you want your case over with, but frequently continuances are a good thing...

Matthew Scott Berkus

The decision to continue your case is not really up to you. The rules give your attorney fairly wide latitude in handling a case. And what the client wants isn't always required. The attorney gets to dictate tactics, you don't.

Anthony Bettencourt Cameron

Every night before I retire each night, I pray "God, deliver me from Criminal Defendants who want immediate closure!"

Christine C McCall

In almost every case, continuances benefit the defendant and burden the prosecutor. Your lawyer knows this; so does the prosecutor. Why do you want to second-guess your lawyer? Who has the better state of information and knowledge?

What is the purpose of a court hearing?

The purpose of a hearing is for the court to hear arguments, ask questions, and rule. Your arguments and comments should thus be addressed to the court, not counsel. The courtroom is not the place to address counsel. No matter how personal, rude, or wrong your opponent is, direct your comments and arguments to the court.

What do kindergarteners learn?

Most kindergarteners learn one of the basic tenets of society: Wait your turn. A law license does not exempt humans from that centuries-old edict. The person wearing the black robe has the power to decide your client’s fate. It therefore should be obvious that you should treat the judge with dignity and respect.

How long does it take to appeal a case in the district court?

If your case is in justice court, you typically have twenty days to appeal to the district court. It is important to make sure you are applying the correct appeal time for your type of case and calculating it correctly. Missing your appeal deadline can preclude your appeal.

How long does it take to appeal a case in Nevada?

If your case is in justice court, you typically have twenty days to appeal to the district court.

What is an appeal in court?

An “appeal” is a request to have a higher court change or reverse a judgment of a lower court. When you appeal, the entire case is reviewed by a higher court. The appeals court will look at the evidence that was presented to the trial court to decide whether some legal error was made.

How long does it take to file a notice of appeal?

If the judgment was entered in the justice court, you must typically file your Notice of Appeal (Step 3 below) within twenty days after the date of service of the written notice of entry of the judgment. (JCRCP 72B (a).)

What is a bond in court?

A “bond” is a guarantee for payment that you obtain from a bonding company for a fee. You can also post the $250 in cash. The $250 cost bond cannot be waived with a fee waiver application. To appeal a district court case, you must file a Notice of Appeal with the district court that heard your case.

Can a motion for new trial be denied?

If the evidence would likely have little effect on the outcome of the case, a motion for new trial will be denied. It has been discovered since trial. A court will not reopen a case or vacate a judgment unless the evidence has in fact been discovered.

Can a case be reopened?

While this is possible – a case can be reopened” so that a judge or jury can consider the case anew with the additional evidence – reopening a case by vacating the judgment entered is a decision resting largely in the discretion of the trial court.

What is impeaching evidence?

Impeaching evidence is evidence that suggests a witness is not to be believed because of prior dishonest acts or inconsistent statements (a witness says at trial the defendant was going 75 miles per hour when she testified earlier under oath that the car was going 85 miles per hour, for instance).

Can you reopen a personal injury case?

In most cases, you will not be able to reopen a case and set aside a verdict, even where there is new evidence. Therefore, when you have been injured in a personal injury accident, it is important that your case is thoroughly researched and investigated before proceeding to trial. David R. Price, Jr. is an experienced and aggressive Greenville personal injury lawyer who strives to carefully analyze and uncover all of the relevant evidence in your case. Contact his office today to discuss your case by calling (864) 271-2636 or contacting him online.

Who is David Price?

David R. Price Jr. David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC.