Expert Witness - a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.
It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects.
Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Showing posts with label law terms. Show all posts
Showing posts with label law terms. Show all posts
Wednesday, September 2, 2009
Thursday, August 6, 2009
Preliminary Hearing
preliminary hearing
in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.
A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).
Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial.
If there is no such convincing evidence, the judge will dismiss the charges.
From the defense perspective, the preliminary hearing is one of the most important steps in the criminal justice process since you get an opportunity to hear the evidence against you, evaluate witnesses and effectively map out a strategy for your defense.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.
A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).
Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial.
If there is no such convincing evidence, the judge will dismiss the charges.
From the defense perspective, the preliminary hearing is one of the most important steps in the criminal justice process since you get an opportunity to hear the evidence against you, evaluate witnesses and effectively map out a strategy for your defense.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
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