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Rule 5 prescribes the procedure at the defendant's initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.
There is usually some finality to a trial. At the end of a trial, there will be a ruling or judgment made by the judge or the jury. A hearing, on the other hand, is often you used as a catch all term to describe any all matter that comes before a judge.
Preliminary Hearing -- Within 10 days of arrest on a Complaint, the accused also has the right to a Preliminary Hearing, during which an Assistant U.S. Attorney may offer testimony to establish probable cause, and the defense attorney may provide evidence on behalf of the accused.
In felony, gross misdemeanor, and misdemeanor cases, a person arrested without a warrant must be issued a citation and released if so ordered by the prosecutor or by the district court, or by any person designated by the court to perform that function.
There are two broad types of diversion programs related to criminal matters in Minnesota; pretrial diversion and precharge diversion. Pretrial diversion is available to some categories of individuals who have been charged with an offense but have yet to go to trial.
Pretrial conferences are usually held in misdemeanor cases when the parties tell the judge about progress in the case. Pretrial conferences are also used to encourage settling cases, as well as review the evidence by the judge and lawyers and clarify the issues in dispute.
Pretrial Services is the period after an individual (hereinafter referred to as a ?defendant?) has been arrested or criminally charged with a federal offense, and prior to a criminal conviction.
Pretrial diversion programs can provide an alternative to the traditional court process, and in some cases it can even lead to the charges being dropped so long as you complete the program. As we mentioned above, these programs are reserved for low-level, nonviolent crimes.