what is the difference between a pre-trial and an arraignment?
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An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court. ... Usually during an arraignment, the criminal defendant pleads guilty or not guilty. Typically, the plea is not guilty.
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If you've been indicted, you've been formally accused of committing a crime, usually a felony. ... The person facing a possible indictment doesn't need to be arrested before the indictment hearing takes place. If they are arrested, they'll be informed that the case has been presented to a grand jury.
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A person's competency to stand trial is, for example, determined by the judge. A defendant's insanity, meanwhile, is determined by the jury when it renders its verdict. Again, competency is determined at the beginning of the trial, while insanity is determined at the end during the verdict.
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Prosecution of Offences Trials under solemn procedure are conducted with a jury. Summary procedure is used for less serious offences (with the charges set out in a complaint) and may ultimately lead to a trial before a sheriff or, in justice of the peace courts, before a bench of one or more lay justices.
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When an officer arrests someone, the accused is taken into custody. Similarly, when a grand jury returns an indictment or a prosecutor files an information, a judge or magistrate issues a warrant for the arrest of the person charged if not already under arrest, and the person is taken into custody.
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Civil cases handle almost all other disputes, and typically aim for some sort of recovery. A criminal case is filed by the government and is led by a prosecuting attorney. A civil case is filed by a private party, typically an individual or corporation, against another individual or corporation.
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In a criminal court, a defendant is either acquitted or found guilty beyond a reasonable doubt. It is the responsibility of the state or federal government to prove that the defendant undoubtedly committed the crime. In a civil court, a plaintiff brings a lawsuit against a defendant.
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All defendants in state criminal cases are entitled to jury trials according to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to require a jury trial.
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The pre-trial is when the parties meet to attempt to resolve the case. A preliminary hearing occurs after that, if the case cannot be resolved. At the preliminary hearing the prosecution calls witnesses to testify to establish probable cause...
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In England and Wales (which have the same legal system), everyone accused of an offence which carries more than six months' imprisonment has a right to trial by jury. Minor ("summary") criminal cases are heard without a jury in the Magistrates' Courts.
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In Canada, we have two "level" of prisons. While you're in pretrial, you are in a provincial prison. If you get a sentence lower than two years you stay in a provincial prison. If you get more than two years, you go to a federal prison.
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Burden of Proof. ... Plaintiffs in civil cases typically have the burden of proving their allegations by a preponderance of the evidence. In criminal cases, the prosecution typically has the burden of proving its allegations beyond a reasonable doubt.
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The defendant can change their plea from not guilty to guilty at any time. If the defendant decides to plead guilty before the trial, you won't be required to give evidence in court. ... If the defendant pleads guilty or is found guilty after the trial, they will be sentenced by the court.
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In a criminal pretrial hearing, if the state requires pretrial hearings, the criminal defendant shall be at the hearing. ... Importantly, preliminary hearings are only held when the defendant pleads not guilty initially at their arraignment.
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Two types of law - civil and cri. Criminal - state or federal prosecutors bring a case against a person charged with a major crime, called a felony. Civil - deals with lawsuits brought by individuals or the government against other individuals, organizations or companies.
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Convictions. Once you plead guilty, you are 'convicted. ' This means that you may be put on 'judge's remand' pending your sentencing hearing.
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The difference between guilty and no contest is in the admission of the charge against you. Guilty equals, yes I did what I was charged with and admit it. No contest equals, I do not agree and make no admissions to what I was charged with, however, I will accept the fine or punishment associated with the charge.