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.
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 …
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 ...
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 ...
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...
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.
Every night before I retire each night, I pray "God, deliver me from Criminal Defendants who want immediate closure!"
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?
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.
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.
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.
If your case is in justice court, you typically have twenty days to appeal to the district 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.
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).)
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.
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.
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.
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).
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.
David R. Price Jr. David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC.