Articles Tagged with court

joe-perales-117891-copy-300x198The practice notes for the rules of evidence remain an important cornerstone of justice in Chicago. Specifically, the court wants to hear, see, witness, and assess evidence that is accurate and timely. Without the rules of evidence, the court process is delayed, and the outcome is inevitably compromised. If we take the example of hearsay, it is clear that the courts wish to hear from the actual witnesses to a crime rather than second-hand stories that are subject to contamination, misinterpretation, and deception. Moreover, the access to direct evidence and witness testimony allows for cross-examination, an important verification and confirmatory aspect of the court process.

Defending attorneys should be well-versed in the allowable question and answer formats. It is a given that some clever lawyer somewhere is going to try to bend the rules by asking a leading or irrelevant question. The defendant must be prepared for the rigors of a cross examination. Many rape and sexual assault cases collapse for no other reason other than that the victim is unable to withstand the detailed and embarrassing process of cross-examination. The court does have decorum, but it is also not a place for false modesty. The judge and jury wish to hear things as they happened and as they relate to the charge that has been brought forward.

Facts Rule the Court

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Bail is a monetary pledge (a bond) telling the court, that if the court will authorize your release, you promise to abide by any conditions the court demands, and to appear at all hearing dates going forward, including trial. By posting this bond, you are agreeing that should you fail to abide by any of the court’s conditions, your bail will be forfeited, and you will be returned to jail to await your trial. That is the premise under which the court will set bail, and if paid by you or by someone on your behalf, authorize your release from jail.

Can Your Right to Bail be Denied?

When accused of a crime, placed under arrest, and locked up in jail, what are your rights? Are you entitled to be released on bail? How much bail can the courts impose for your release?

When a person is arrested and faces criminal charges that may result in jail time, there is often a lengthy period of time between the initial arrest and the trial. During the time between your arrest and the eventual trial, bail can be posted, allowing you to remain free until trial.

What is Bail?

People post bail by paying money as a guarantee that they will not flee the area and that they will return for the trial. As long as the offender out on bail appears in court for trial, the money is returned. If the defendant does not return to the court, the bail money is forfeited.

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