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The court uses the Dunnigan-based legal standard to determine if an accused person: "testifying under oath or affirmation violates this section if she gives false testimony concerning a material matter with the willful intent to provide false testimony, rather than as a result of confusion, mistake, or faulty memory."
In U.S. criminal law, a proffer agreement, proffer letter, proffer, or "Queen for a Day" letter is a written agreement between a prosecutor and a defendant or prospective witness that allows the defendant or witness to give the prosecutor information about an alleged crime, while limiting the prosecutor's ability to use that information against him or her.
A hearing is a part of the court process in Australia. There are different types of hearing in a case. There may be several hearings, although not all may be scheduled. These include: [4] court mentions, where a case first is heard in court; [5] [6] and/or; directions hearing(s) (a brief hearing in front of a judge or commissioner); [7] and
The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case. The purpose of the hearing is to see if the rights of the defendant have been violated, and it is the duty of the judge to make sure that the oath of office is preserved under article 6 paragraph 2, supremacy ...
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors , and the defendant's character, and passes sentence . If the defendant pleads not guilty , a date is set for a preliminary hearing or a trial .
His hearing is scheduled to begin in a West Palm Beach courtroom at 11 a.m. Monday. Hannah Phillips covers criminal justice at The Palm Beach Post. You can reach her at hphillips@pbpost.com .
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...