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The Rule 45 commencement date for a new charge arising out of the same criminal episode shall be the same as the commencement date for the original charge, unless the evidence on which the new charge is based was not available to the prosecution on the commencement date for the original charge.
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.
(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.
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.
A defendant charged with a felony offense shall be present at a felony first appearance, an arraignment, any hearing where evidence will be presented, a change of plea hearing, at every stage of trial, including the impaneling of the jury and return of the verdict, at a sentencing hearing, and at a hearing on an ...
A warrant or summons shall be issued by a judge or magistrate judge only if it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it.
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.
Persons who may not serve as jurors include those who: have pending criminal charges which may be punishable by more than one year in prison; have been convicted of a felony without having their civil rights restored; have a physical or mental disability that would prevent service as a juror; or those who hold certain ...