What is the Hicks rule in Maryland?
What is the Hicks rule in Maryland?
Under a State statute and related court rule, collectively known as the “Hicks rule,” a criminal trial in a circuit court must commence within 180 days of the first appearance of the defendant or defense counsel in that court, a deadline known as the “Hicks date.” Unless the defendant consents to a trial date beyond …
What is a speedy trial in Maryland?
The Right to a ‘Speedy Trial’ and the Role it Plays in Your Maryland Criminal Case. The rules for a speedy trial require that the state try a defendant within 180 days of the defendant appearing in court or a lawyer representing the defendant making an entry of appearance on behalf of that defendant.
Can you plea bargain at an arraignment?
If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. The prosecutor and defense attorney may negotiate the guilty plea and agree on a sentence during the arraignment.
How long does a case take to go to trial?
California Penal Code 1382 PC states that, in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of his arraignment. The time between an arrest and an arraignment in California misdemeanor cases is either: 48 hours if the accused was placed in custody after the arrest, or.
What is the difference between trial and hearing?
The court generally only allows witnesses at trial, not at hearings. At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
What can I expect at an administrative hearing?
At the administrative hearing, the parties provide facts, evidence, and arguments in support of a particular resolution. The party who files the complaint or appeals a prior administrative decision has the burden of proof during the proceeding. The parties are also allowed to call witnesses to testify.
What is the burden of proof in an administrative hearing?
Generally, the burden of proof in administrative hearings is preponderance of the evidence. This standard is different from the beyond a reasonable doubt standard in criminal trials. For evidence to meet this burden, it must be probative and reliable.
What usually happens to decisions of administrative law judges?
What usually happens to decisions of administrative law judges that are appealed to the federal court system? The decisions are usually upheld. The decisions are generally upheld as a matter of law unless a jury is requested.
How do I prepare for an administrative hearing?
Steps to Prepare for Your Hearing
- Review the Order Following Prehearing Conference.
- Request an Interpreter, If Needed.
- Contact Witnesses, Get Subpoenas for Witnesses and Documents.
- Prepare Your Witness List Well in Advance of the Hearing.
- Read the Evidence from the Other Parties.
- Prepare the Questions for Your Own Witnesses.
How long does it take to get a decision after an ALJ hearing?
2-3 months
Are administrative hearings held before a jury?
When you appear, the hearing will be conducted similar to a trial but without a jury. The hearing officer will oversee the hearing, ruling on procedure, the evidence which may be presented, and objections.
How do you win an ALJ hearing?
Strategies for Winning Your Social Security Disability Hearing
- Hire a Qualified Disability Benefits Attorney.
- Gather Evidence.
- Study Your Case.
- Don’t Downplay the Impact of Your Disability on Your Life.
- Be Respectful.
- How a Philadelphia Disability Benefits Attorney Can Help You with a Hearing.
What questions will the judge ask at a disability hearing?
Questions You Should Expect To Be Asked During A Social Security Disability Hearing
- What is your formal education?
- Do you have any vocational training?
- Are you currently working?
- What was your last job and what were your job responsibilities?
- Have you tried working since you became disabled?
How many times can Social Security deny you?
In most cases, claimants who have their initial appeal denied will appeal twice: they will file a request for consideration (the Social Security Administration (SSA) only grants about five percent of these requests), and they will go to an administrative law judge hearing.