Criminal Litigation CW Essay Example | Topics and Well Written Essays - 3000 words

Criminal Litigation CW - Essay Example Following your arrest by the police on suspicion of having committed the felony, you, like any other suspect have a right to a first hearing. You should be aware of the fact that the first hearing is intended to protect you as a suspected criminal, from unreasonable seizure and detention. Basically, the hearing will be carried out to establish whether there is adequate proof to support your full trial. At the initial hearing, various procedural measures may be explored to ascertain whether the police acted within the law during the initial stages of the criminal justice process. Owing to the less seriousness of the offense, you may be notified of the felony, informed of the right to legal representation and the legal requirement as to remain silent. The court may caution you against breaching the gag order, and proclaim that your statements may be admissible in court as evidence against you. You may also receive advice on how to secure a bail, especially now that the source of fundin g for your defence has already been found. Under English legal tradition, a plea is normally entered and the bail set at the initial appearance, so this case shall not an exception. The case scheduled for hearing at the Magistrate’s Court after committal shall entail the plea and modalities on how the case will be managed. In most cases, the hearing takes place in every suit in the Court, and is driven by the requirement to ensure that all important procedures have been followed, in order to enable the court to ready itself for trial. The Magistrate will be expected to act in a managerial manner in order to inject a sense of understanding among the parties concerned so that the case may move on smoothly. The Magistrate shall preside over the entry of names of the witnesses into the court records. Additionally, the Prosecution papers and exhibits shall be unveiled for the first time on that day. Any official admissions, or legal provisions or issues related with the acceptabil ity of the evidence may come out during the first hearing of your case. The court shall then receive information about the proposed timeline of the trial. These issues are usually handled as a set of questions, which the attorney who has been assigned for you shall fill on your behalf. Meanwhile, the Magistrate will provide directions on how to best deal with the case in fair, expeditious, and efficient manner by ordering the entry of a plea. In light of thus, you will be required to participate. If you plead guilty, the trial process may begin immediately, especially if the advocate whom we have assigned to lead your defence does not seek for an adjournment. If you plead not guilty, then it shall be incumbent upon the prosecution and defence to furnish the court with any important issues that will support the expending of the case. Not guilty plea A not guilty plea comes to be when a defendant neither pleads guilty nor enters a no contest plea. The not guilty option earns a defenda nt adequate time to acquire legal advice if he or she does not have one already. When the case comes up for hearing on May 17, 2013, please plead not guilty when the judge formally makes the request to determine the direction which you want the case to take. In the event that you fail to elect any plea