Gag Order Template With Cases
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How to fill out Motion Of Defendant For A Gag Order?
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FAQ
The supposed intent is to prevent prejudice due to pre-trial publicity which would influence potential jurors. A gag order has the secondary purpose of preventing the lawyers from trying the case in the press and on television, and thus creating a public mood (which could get ugly) in favor of one party or the other.
Judges frequently use gag orders to stop people from making statements that could intimidate witnesses or influence jurors ? using the threat of sanctions, fines and even jail time to keep them in line.
In order for a gag order based on the defendant's right to a fair trial to prevail, a court must determine from the evidence before it (a) the nature and extent of pretrial news coverage; (b) whether other measures would be likely to mitigate the effects of unconstrained pretrial publicity; and (c) how effectively a ...
A gag order is issued by a judge and generally prohibits someone from talking about a legal case or aspects of one. Defense lawyers ? as opposed to the defendants themselves ? are often the recipients of gag orders, ing to Anna G. Cominsky, a law professor at New York Law School.
Example: In the 2004 Michael Jackson child molestation trial, the California Supreme Court upheld a gag order prohibiting Jackson, his accusers, and the attorneys in the case from publicly commenting on the case, except through statements approved in advance by the trial judge.