Mar 18, 2010 #1 S styles New Member After your indicted and you have a probable cause hearing and lose,can you appeal if before finishing the trial? Can the state appeal it? If its in the Def favor?If so when? NY
After your indicted and you have a probable cause hearing and lose,can you appeal if before finishing the trial? Can the state appeal it? If its in the Def favor?If so when? NY
Mar 18, 2010 #2 army judge Super Moderator styles said: After your indicted and you have a probable cause hearing and lose,can you appeal if before finishing the trial? Can the state appeal it? If its in the Def favor?If so when? NY Click to expand... You should IMMEDIATELY speak with your lawyer about these questions. You need to discover how the criminal courts function. No, a probable cause hearing can not appealed. Elements of the hearing can be appealed, but usually aren't. The state would have no reason to appeal the results of a probable cause proceeding. If you prevail in a probable cause hearing, that means the state could not sustain the basis for your charges. The proceedings against you would be dropped.
styles said: After your indicted and you have a probable cause hearing and lose,can you appeal if before finishing the trial? Can the state appeal it? If its in the Def favor?If so when? NY Click to expand... You should IMMEDIATELY speak with your lawyer about these questions. You need to discover how the criminal courts function. No, a probable cause hearing can not appealed. Elements of the hearing can be appealed, but usually aren't. The state would have no reason to appeal the results of a probable cause proceeding. If you prevail in a probable cause hearing, that means the state could not sustain the basis for your charges. The proceedings against you would be dropped.