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Merged Due process in the US

Darat said:
That is not what an arraignment is. At an arraignment hearing the judge will put the charges on the record, they will make sure the defendant understands those charges, they will inform the defendant of their rights, the defendant will be asked how they plead to those charges, that plea will be entered into the record. Bail may also be addressed as can the setting of other dates as due process dictates. No evidence is presented nor argued at an arraignment hearing.
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Wrong. Lawyer can contest the charges and ask for them to be thrown out, based on the evidence being garbage.
 
thaiboxerken said:
I'm sure Herc is just believing it because Herc has a desire, a need, to believe that the MAGA Trump regime is not as corrupt and authoritarian as they are. This is the hill he wants to die on, since other Trump Regime actions were found to be illegal.

Remember when he thought that the NJ Mayor was absolutely guilty of trespassing? He still believes it, even though the judge tossed out the case because it was without merit and the judge admonished the prosecutors for an obvious, political action.
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That is a lie I never said he was guilty of trespassing.
 
www.the-independent.com

Alex Padilla says FBI escorted him to Kristi Noem press conference

Senator rubbishes claims he did not identify himself and ‘barged’ into Homeland Security briefing
www.the-independent.com www.the-independent.com

sen padilla claims fbi escorted him to press conference they forced him out of and arrested him for attending. kind of like they did with that mayor, where they arrest officials doing their jobs for looking like they are committing crimes in scenarios they fabricated

again we are to trust they have the credibility to be operating a law enforcement agency
 
Hercules56 said:
Wrong. Lawyer can contest the charges and ask for them to be thrown out, based on the evidence being garbage.
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Yes, he can. But judges have a lot of leeway. Under most circumstances, a judge during an arraignment is not interested in trying the case and examining the evidence. He's going to accept the arresting officer's statement as presumed factual enough to set a date for future hearings etc. When I got the case thrown out during an arraignment, the judge was initially not interested. But judges often have a packed docket. And if you can help them in clearing that docket, they might be willing to listen.
 
Hercules56 said:
Wrong. Lawyer can contest the charges and ask for them to be thrown out, based on the evidence being garbage.
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No they can’t.

Now I know this is probably no longer a site to be trusted but here goes: https://www.justice.gov/usao/justice-101/initial-hearing

Initial Hearing / Arraignment​

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Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case. At that time, the defendant learns more about his rights and the charges against him, arrangements are made for him to have an attorney, and the judge decides if the defendant will be held in prison or released until the trial.

In many cases, the law allows the defendant to be released from prison before a trial if they meet the requirements for bail. Before the judge makes the decision on whether to grant bail, they must hold a hearing to learn facts about the defendant including how long the defendant has lived in the area, if they have family nearby, prior criminal record, and if they have threatened any witnesses in the case. The judge also considers the defendant’s potential danger to the community.

If the defendant cannot “post bail” (pay the money), the judge may order the defendant to be remanded into the custody of the U.S. Marshals pending trial.

The defendant will also be asked to plead guilty or not guilty to the charges
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Darat said:
No they can’t.
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They absolutely can. But that doesn't mean the judge is going to listen to them. And chance are they won't. A judge, like a police officer has a lot of discretionary authority. An arraignment is a formal presentation of the charges. But charges must be based on probable cause. I've watched more than a few YouTube videos where judges have dismissed cases during arraignment. But the reality is that happens very rarely.

youtube.com

Courtroom USA

⚖️ Real courtrooms. Real judges. Real lessons. Courtroom USA gives you an inside view of America's judicial system and courtrooms. We showcase the best moments from our favorite judges across the country. If you love true crime and have a passion for justice, our channel is perfect for you...
youtube.com youtube.com
 
acbytesla said:
They absolutely can. But that doesn't mean the judge is going to listen to them. And chance are they won't. A judge, like a police officer has a lot of discretionary authority. An arraignment is a formal presentation of the charges. But charges must be based on probable cause. I've watched more than a few YouTube videos where judges have dismissed cases during arraignment. But the reality is that happens very rarely.

youtube.com

Courtroom USA

⚖️ Real courtrooms. Real judges. Real lessons. Courtroom USA gives you an inside view of America's judicial system and courtrooms. We showcase the best moments from our favorite judges across the country. If you love true crime and have a passion for justice, our channel is perfect for you...
youtube.com youtube.com
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See the official website for the DoJ I edited into my post after you quoted it.
 
Hercules56 said:
Garcia was arraigned today. Did his lawyer contest any of the evidence? He had the right to
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Nobody has the right to contest evidence at an arraignment. Evidence isn't even introduced at an arraignment.

The whole point of an arraignment is to notify the accused, on the record, of what they are being accused of.

The matter of evidence will be taken up later, at the trial, if things proceed that far.
 
Hmm, lots of lawyers out there agree that charges CAN be dropped at an arraignment hearing if the evidence is garbage. I wonder why Garcia's lawyer didn't try?
 
Hercules56 said:
Hmm, lots of lawyers out there agree that charges CAN be dropped at an arraignment hearing if the evidence is garbage. I wonder why Garcia's lawyer didn't try?
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Didn't those goalposts used to be over there?

A prosecutor could notify the court of an intent to drop charges during an arraignment. That wasn't your claim, though: you're saying that a good defense attorney can challenge charges and possibly get them dropped at an arraignment. It still isn't clear that this is correct.
 
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