New answers tagged trial
5
votes
Accepted
Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?
The appellate court reviews based upon the trial court record.
To the extent that it turns on questions of law, including interpretations of written documents whose authenticity is not in question, ...
- 175k
4
votes
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
italy
The defendant cannot be put on trial twice for the same crime*. But the judge can derubricare the crime, which is a technical term to say that the judge can reduce the charge.
[*] After the ...
- 520
5
votes
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
england-and-wales
The CPS offers guidance on this. You can't be retried for a lesser or more serious offence unless "new and compelling" evidence comes to light.
Under normal circumstances ...
- 3,776
7
votes
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
canada
Criminal Code, s. 662 provides that the accused is at jeopardy of all lesser included offences that are subsumed within the offence charged or as described in the count.
An offence is “...
- 24.8k
18
votes
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
It depends on what you mean by "doesn't stick." If Mark is acquitted of murder in state court, he can't be tried again in state court for the same act of homicide. If the charges are ...
- 31.6k
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