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Simple English definitions for legal terms

critical stages of proceedings

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A quick definition of critical stages of proceedings:

A critical stage of proceedings is a very important part of a criminal case where the person accused of a crime gets the right to have a lawyer. If they don't get a lawyer at this stage, it can hurt their case later on. This right to a lawyer is based on the Constitution. A critical stage is any part of the case where the accused person needs to be there to defend themselves and make sure the case is fair. Examples of critical stages are when the person is on trial, being questioned by the police, or at some hearings before the trial.

A more thorough explanation:

Definition: A critical stage of proceeding is a term used in criminal procedure to describe the stage at which a person accused of a crime will receive the right to counsel. This right is based on the due process clause of the 14th amendment and the 6th amendment. If this right is denied, later proceedings will be prejudiced. A critical stage of proceeding is any stage in which the defendant's presence has a reasonably substantial relation to their ability to defend themselves. Further cases have concluded that a critical stage of proceeding is one in which the defendant's presence increases the fairness of the proceeding. Examples of critical stages of proceeding include trials, police interrogations, and some pre-trial hearings.

Examples:

  • Trials: A trial is a critical stage of proceeding because it is the stage at which the defendant's guilt or innocence is determined. The defendant's presence is necessary to ensure that they have a fair trial and can defend themselves against the charges.
  • Police interrogations: Police interrogations are a critical stage of proceeding because they can be used as evidence against the defendant in court. The defendant's presence is necessary to ensure that they are not coerced into making false confessions or statements.
  • Pre-trial hearings: Some pre-trial hearings, such as those related to bail or plea bargaining, are considered critical stages of proceeding. The defendant's presence is necessary to ensure that they have a fair opportunity to argue their case and make decisions that will affect the outcome of the trial.

These examples illustrate how the defendant's presence is necessary to ensure that they have a fair trial and can defend themselves against the charges. Without the right to counsel and the ability to be present at critical stages of proceeding, the defendant's rights may be violated and the outcome of the trial may be unfair.

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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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