A federal arrestee in a drug trafficking case involving a few kilos of cocaine was entitled to an early hearing concerning the setting of bail
The federal prosecutor failed to ask for the hearing within the statutorily allowed time and failed to ask for a continuance to allow the bail hearing to be held at a later date. The defendant requested relief from the failure to hold the federally required bail hearing within the statutorily defined period of time. The remedy to which the drug trafficking defendant should be granted
A) consists of admitting the defendant to an appropriate bail since the penalty to the government for failure to comply with the bail statute is the automatic granting of bail.
B) involves giving the defendant release upon his or her oral promise to return for all appropriate judicial proceedings that also serves as a penalty on the government for failing to obey the law.
C) involves a reduction of any eventual sentence by the number of days the bail hearing was illegally denied.
D) consists of holding the required hearing late, but allowing each side to make any arguments or motions that they could have made had the bail hearing been held in a timely fashion. The government will suffer no penalty for failing to comply with the law.
E) none of the above constitute a correct response.
D
You might also like to view...
Individuals who authorities have reason to believe pose a threat are sometimes known as:
A. lone wolves. B. known wolves. C. mouth runners. D. terrorists.
Sean hasn't always been on the wrong side of the law; he grew up in a two-parent household and at a young age was involved with his church and the community garden that his dad loved. When his dad was arrested and sent to prison for growing copious amounts of marijuana, everything changed. When his father was sentenced, Sean's mom left him with his grandma and disappeared from the scene. Sean has had many chances to reform his behavior in the juvenile system, and his grandmother has tried to get him counseling and a mentor. Despite his young age of 16, Sean was sentenced as an adult in a shooting rampage that killed one and wounded four, and he was sent to prison. Sean has recently gotten in a fight with another inmate, and he will be transferred to another prison with a different custody
level. What will be the likely choice for Sean who is now considered a more violent offender than before? A. Federal prison camp B. Medium-security prison C. Private prison D. Maximum-security prison
Answer the following statement(s) true (T) or false (F)
1. Search and arrest warrants must be signed by a judicial officer. 2. Judges have the final say on with what crime(s) a defendant is charged. 3. Judges sign nearly every warrant brought before them much in the same manner that grand juries effectively indict every suspect brought before them. 4. If the prosecution has not made a sufficiently convincing case, a judge can direct a jury to acquit and even overrule them if the jury should convict. 5. Once a sentence is handed down, the job of a trial court judge is complete.
Describe the Triarchic Psychopathy Model.
What will be an ideal response?