Wednesday, December 15, 2010
What is an omnibus hearing?
Hearing Omnibue, also called a hearing complained Omnibue took place shortly after a criminal defendant accused of a criminal court graphic symbols is. If the accused pleads not guilty a contested Omnibue may be held hearing, at the request of the defendant determine whether sufficient evidence is available, order a trial version. Two TypesA omnibus contested hearing is held to test the evidence against the omnibus defendantAn hearing is a pretrial hearing to sort out evidentiary matters, short schedule dates and perhaps consider and exchange of plea, while a contested omnibus requires the prosecution to present evidence to demonstrate the loads are credible.The HearingA judge may drop or add charges based on the evidence presented at a contested hearingDefendants are required to attend the contested hearing unless they Suspendre that right, while procedures are completed to determine if discovery, which is the exchange of evidence between the defense and prosecution is compliance.The ProsecutionThe prosecution presents evidence of probable cause against the defendant, demonstrating that it's likely the defendant committed the crime.TestimonyLaw enforcement officers present a summary of the evidence, including witness statements, along with physical evidence.The DefenseThe defence generally does not challenge the evidence, but uses the hearing to determine the strength of the evidence and ensure the defendant's rights are protected.The JudgeThe judge determined whether there is probable cause to hold the defendant for trial, and may choose to drop or add charges based on that evidence.
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