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The court generally only allows witnesses at trial, not at hearings. At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
A First Hearing Dispute Resolution Appointment (FHDRA) is the first hearing at the start of your case. It is usually a short meeting for the Judge to decide how the case should be organised. … You may have to attend court a few times before the Judge can decide on the case.
After the preliminary hearing process, the person would be re-arraigned and they have the right to have a jury trial within 60 calendar days of the date they were arraigned, so that would be the soonest they could have the trial.
Plea hearing
The judge will ask the prosecution whether the defendant has been found guilty of any offences in the past, as this may impact on the penalty the judge will impose at the sentencing hearing. … The judge will consider what you have said as one of many things they consider when they are deciding the sentence.
If there is a complete agreement between the parties as to what the sentence will be, then the sentencing hearing takes five minutes. If there is no agreement and there are arguments being made on both sides, then the judge has to make the decision.
You· and each of you, do solemnly swear (or affirm) that you will well and truly try this case before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial) You have the right to remain silent. Anything you say may be held against you in a court of law.
Unless you have a religious exception, it’s viewed as disrespectful to wear a hat indoors, let alone in a courtroom. No eating or drinking allowed. Neither snacks nor beverages are allowed in the courtroom. Even chewing gum can be seen as a sign of disrespect, especially while speaking to the Judge.
Other than in exceptional cases, the representatives from both parties must be in attendance at a preliminary hearing. Where the Tribunal need to decide a preliminary issue, witnesses may also need to attend.
The preliminary hearing is where the judge decides if there is enough evidence mounted against you for you to stand trial. The arraignment is where you can file your plea of guilty, not guilty, or no contest. … Your arraignment can happen immediately after the preliminary hearing or scheduled for a later date.
Opening Statements – The defendant has the right to a trial in which either a jury or the judge determines guilt. When the court is ready for the trial to begin, each side can make an opening statement. … Witnesses in all trials take an oath or an affirmation that what they say in court is true.
In determining the sentence, the judge or magistrate must take into account a number of factors, such as: the facts of the offence. the circumstances of the offence. subjective factors about the offender.
It’s no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing. … But most cases end pursuant to a plea bargain.
Your apology letter to court format should include an apology, a brief description of your action, and what you plan to do to fix any problem caused. However, you do not want to sound insincere and apologize too much. You should always include sincere and heartfelt language, but do not go too over the top.
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.
It is often possible to put a more powerful argument directly to the court when you represent yourself. You can then speak directly to the magistrate (or jury), question witnesses yourself, and make a speech at the end on what all the evidence means.
NOTE TO ALL PARTICIPANTS: Always address the judge by saying “Your Honor.” Opening of Trial: Bailiff: Please rise. The Court of the Second Judicial Circuit, Criminal Division, is now in session, the Honorable Judge _________________________ presiding.
Don’t be afraid to cry, if your emotions have clearly reached the boiling point. … If you’re a man, you probably think you’d never do that, but there will be no adverse consequences should you become emotional during the trial.
The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).
Black is another color to avoid, however, because it often can seem imposing and authoritative – and when you are the defendant, you want to appear humble and serious, not in charge. The best colors to wear are dark gray and navy blue.
Courtroom Behavior
Behave in a calm, professional manner — don’t let your emotions get the best of you. When the judge speaks to you, look her in the eye and reply in a respectful tone. Stand up when addressing the court. Get to the point quickly when presenting your facts.
“You’re wrong (or words to that effect)” Never, ever tell a judge that he or she is wrong or mistaken. Instead, respectfully tell the judge WHY he or she may be wrong or mistaken.
Court Timings 09.30 a.m. to 04.00 p.m. Office Timings 09.30 a.m. to 05.00 p.m, Lunch Break 01.00p.m. to 0130 p.m.
Jury service will typically last one day or the length of one trial. Jury service does not end at a specific time of day, so please plan on serving the entire day. Whether or not you serve on a jury trial, your jury service for that day will be recognized as fulfilling your obligation for one year.
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. … If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.
To “win,” the prosecutor must convince the judge that probable cause exists to show the defendant committed the charged crime(s) and the case should proceed to trial. Careful prosecutors don’t bring cases that might not stand up to the judge’s scrutiny.