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Rule 32.1 - Presentence Procedure for Felony Sentencings (a) Scheduling & Preliminary Filings. At the time a defendant's guilt in a felony case is established by verdict or plea, (1) the judge shall establish the date for a sentencing hearing and the date for a separate presentencing hearing, if appropriate.
If a defendant is not brought to trial before the running of the time for trial, as extended by excluded periods, the court upon motion of the defendant shall dismiss the charge with prejudice. Such discharge bars prosecution for the offense charged and for any other lesser included offense within the offense charged.
Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.
(1) The defendant shall be physically present for every hearing at which evidence will be presented and all stages of the trial including the impaneling of the jury and return of the verdict; but (2) Unless Rule 38.2 applies, the defendant may elect to be present by telephone or by videoconference at any other ...
Rule 32.6 - Judgment for Restitution (a)Definition. When a sentence includes a requirement that the defendant pay restitution, the judge shall either enter a separate judgment for restitution or shall include the order of restitution as a separate section of the criminal judgment.
You may, upon request, to be excused from jury service if any of the following apply: You are more than 70 years of age. You have already served as a grand or petit juror in federal/state court within the last two years.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.