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.Know More
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 preliminary hearing determines whether there is enough evidence to force an individual to stand trial, but it does not determine guilt or innocence. According to Nolo, a preliminary hearing allows both the prosecution and the defense to outline their cases, although the defense is not obligated to present information.Full Answer >
A merit hearing is designated for applicants seeking asylum in the United States. During the merit hearing, an immigration judge evaluates the asylum application and determines if asylum should be granted to the applicant.Full Answer >
According to the law firm Eason and Tambornini, the term "deposition hearing" refers to a court-approved session during which time counsel may ask people involved in a case questions that must be answered under oath. During a deposition, a court reporter records the questions and answers.Full Answer >
A probation revocation hearing occurs when someone serving a probation sentence violates the terms of the probation, according to Nolo. This hearing determines if the probationer violated the terms of probation. In some cases, it's also when a sentence is issued if the probationer did violate the probation terms.Full Answer >