A Rule 8 hearing is a criminal procedure in the court systems of the state of Minnesota. It governs the rules of second appearances in court for felony and gross misdemeanor cases.Continue Reading
The purpose of a Rule 8 hearing is to advise a defendant again of his legal rights. It gives him an opportunity to enter a plea of guilty or to request or waive an omnibus hearing under Rule 11. At a Rule 8 hearing, the court must inform the defendant of the charge against him and his right to counsel. The court also must ensure that the defendant has a copy of the indictment or the complaint against him. The defendant's bail or other previous conditions of release may be modified or continued at a Rule 8 hearing.
The only plea a defendant may enter at a Rule 8 hearing is a guilty plea. If the defendant does not wish to plead guilty, the arraignment continues until the omnibus hearing. The defendant and the prosecutor must also each choose to waive or demand a hearing. An omnibus hearing must be held no later than 28 days unless the prosecution or defense shows good cause to extend the wait time.Learn more about Law
A motion to vacate is a decision by a court to cancel another court decision, states US Legal. In some cases, this results in a new trial either immediately or scheduled on a later date.Full Answer >
A disposition hearing is the sentencing phase of a juvenile court proceeding during which time the defendant enters treatment, training or rehabilitation, according to USLegal. This type of hearing occurs after the juvenile case is adjudicated properly in a state or local court system. A sentence is made at the disposition that determines what happens to the juvenile suspect after the court case is resolved.Full Answer >
The Legal Dictionary states that the purpose of a preliminary hearing is to determine in a court of law whether there is substantial evidence to proceed with a criminal trial for someone charged with a felony. A preliminary hearing must be held within a few days after arraignment.Full Answer >
During a bond hearing, the person who was arrested is informed of the charges against them and it is determined if they are eligible for bond. This type of hearing is also called a first appearance hearing or a bail bond hearing.Full Answer >