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Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Drug Crimes. Speeding and Moving Violations. White Collar Crime.
Please provide a valid Zip Code or City and choose a category. Please choose a category from the list. Please select a city from the list and choose a category. Please enter a valid zip code or city. Please select a city from the list. Connecting …. Additionally, defendants can appeal their conviction because their attorney was incompetent; however, they must prove that the mistakes made by their legal counsel denied them their right to a fair trial.
The Constitution protects a defendant's right to a speedy trial; however, no specific time is noted. Typically, defendants can delay their right to a speedy trial to prepare their legal case or as part of their legal strategy.
Having a case thrown out due to delay in receiving a speedy trial is entirely dependent on the circumstances of each individual case. Each state has their own rules and regulations regarding time between arrest and going to trial, and if prosecutors do not adhere to these guidelines, charges can be dismissed in limited circumstances.
In the Fifth Amendment, a clause states "nor shall any person be subject for the same offense to be twice in jeopardy of life or limb". In essence, this clause prevents defendants from being charged with the same incident of crime within a given jurisdiction more than once. However, different jurisdictions, such as state and federal, can file charges at the same time for the same crime. Additionally, retrials for dismissed or overturned charges are legally allowed, as well as retrials stemming from an initial mistrial.
Likewise, civil trials can occur for the same actions being tried in a criminal trial without violating double jeopardy laws. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Lawyer Directory. Call us at 1 There are some exceptions which make this right not absolute, such as when a child accused a defendant of sexual assault. The Supreme Court has held that this right applies to individuals that may receive a jail sentence of six months or greater.
Sometimes a party may request a trial by a judge, but a jury trial must be granted if the other party objects to this arrangement. The constitution does not dictate how many jurors must be on a jury and state laws vary between six and twelve jurors. Some states do not require the jury to arrive at a unanimous decision. Criminal defendants have a right to competent legal counsel.
If a defendant faces incarceration and is unable to afford counsel, legal counsel must be appointed to him free of charge. If their attorney is incompetent, a defendant may seek to appeal the case based on his inability to receive a fair trial. The Law Office of Matthew D.
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