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Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...
The exclusionary rule is commonly associated with the "fruit of the poisonous tree" doctrine. This doctrine says that otherwise admissible evidence, testimony, or even confessions may get excluded from trial if they came from an illegal search or some other constitutional rights violation.
A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial. It is a pretrial motion, heard and decided by a judge. In a criminal trial in Mississippi, the prosecution must prove the charge beyond a reasonable doubt.
A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost ...
Police must have probable cause to believe incriminating evidence exists and they obtain a search warrant from a judge, or. The circumstances make it lawful for police to conduct a search without a warrant.
A warrant for the person indicted shall immediately issue and be served on the person so indicted. After the arrest of the person indicted, and prior to arraignment, a copy of the indictment shall be served on such person.