why does judge send letter to state's attorney and probation but didn't rule on

Can I send a letter to the judge?

probation officer is counselor, director to resources, and authority figure to monitor probation compliance and com-munity safety. The probation officer prepares various types of reports for the judge. Presentence reports are prepared in all felony cases unless attorneys and the judge waive them. The presentence report traditionally has been an ...

How does a judge decide whether to grant probation in California?

If you send a letter or other document directly to the judge without providing a copy of it to every other party on your case (or the party’s attorney, if the party has an attorney), the judge or court staff will be required to notify all parties (or their attorneys) about your communication so the other parties can respond to it.

What happens after I file a motion or letter in court?

May 01, 2013 · Probation is a tool for rehabilitation. Courts and judges see it as a way to send an offender back into the community, but also keep an eye on him or her. Under California Rules of Court rule 4.414, when deciding whether to grant probation, the judge will consider facts about you and your alleged crime. Facts relating to the crime

How to write a letter to the judge for a motion?

Jul 02, 2014 · If the last date of your probation has passed, you are off. You will get a letter in the mail to confirm that you are off but unless they file a motion to revoke your probation during the time your probation is active (and based on what you state, there is no reason to do so), then your probation terminates on the date originally stated in your papers.

What happens when a case goes to the States attorney?

Either a judge or a jury may decide the verdict on how well the State's Attorney proved the case. During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions.

Which factors does a judge consider when deciding the sentence in a criminal case check all that apply?

For instance, judges may typically consider factors that include the following:the defendant's past criminal record, age, and sophistication.the circumstances under which the crime was committed, and.whether the defendant genuinely feels remorse.

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. ... Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

How long does a prosecuting attorney have to file charges?

The prosecutor must present their evidence. Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.Nov 18, 2021

What are the two most important factors that judges consider in determining a sentence?

Factors Considered in Determining Sentences: Aggravating and Mitigating Circumstances.Mar 20, 2019

What type of sentences may a judge pass?

There are many types of sentence that a judge or magistrates can pass. They range from fines, which are given for lower-level offences, up to life sentences in prison for the most serious crimes.

Can the state prosecute without a victim?

Even in the Sessions Court, where the Public Prosecutor is the only authority empowered to conduct the prosecution as per Section 225 of the Code of Criminal Procedure, 1973, a private person who is aggrieved by the offence involved in the case is not altogether debarred from participating in the trial.

Why would the states attorney drop charges?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. ... If charges get filed regardless of insufficient evidence, then our attorney can file a motion of case dismissal. Fourth Amendment violations.

How can charges be dropped before court date?

Prosecutors can voluntarily dismiss charges, but they usually require persuasion and negotiation before going to court to file a dismissal. Your lawyer can also file a motion asking a judge to dismiss the charges. Most judges defer to the prosecution and rarely dismiss charges on their own.Mar 19, 2021

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

How do police decide to charge?

The decision to charge you with a criminal offence signifies the start of a prosecution against you. The charging decision may be made by the police or by the CPS, depending on the nature of the case. The charging decision will be taken once the police have undertaken an initial investigation.

What type of evidence must always be turned over by the prosecutor?

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? Exculpatory evidence is any evidence that may be favorable to the defendant.

What happens at a motion hearing?

Usually, the judge will schedule a hearing on your motion. During the hearing, you will have the opportunity to explain your position to the judge in court. Judges must make their decisions based only on the relevant facts or issues of the case and the applicable laws.

What is disclosure in court?

This is called “disclosure” and helps to ensure that your case is handled fairly. You may also cause your case to be delayed or even dismissed. Also, the court may “strike” (delete or ignore) any evidence affected by your ex parte communication.

What is ex parte communication?

An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties’ knowledge.

Do you have to notify the judge of a letter?

If you send a letter or other document directly to the judge without providing a copy of it to every other party on your case (or the party’s attorney, if the party has an attorney), the judge or court staff will be required to notify all parties (or their attorneys) about your communication so the other parties can respond to it.

Do you have to file a motion with the court?

You must file your motion, letter or document with the court. Remember to attach the document as proof that a copy of the motion, letter or document was given to the other parties. This document also must be filed with the court. The clerk of the court will indicate on your motion, letter, or document, the time and date it was received ...

Gene Tsukasa Sera

You need to keep an eye on the Court and the clerk's office. Your probation ends on the anniversary date of your plea. If you have made it to that date, you can ask the Court for documentation that you have completed your community supervision. The latter part of your question indicates there may have been violations of your probation early on.

Cynthia Russell Henley

If the last date of your probation has passed, you are off.

Kevin H. Pate

If for example your three years of deferral began May 2, 2011, it would end on May 2, 2014.#N#If no one filed to accelerate your deferred status before the three years ran, you are off probation once the day arrives. The letter is merely to document the end did arrive as scheduled.

What is a writ of habeas corpus?

Writs are orders that allow actions to proceed and they are issued by the higher courts at both the state and federal levels. There are all sorts of writs, such as “writs of certiorari” issued by the U.S. Supreme Court, to “writs of habeas corpus” issued in criminal cases.

What can a judge do?

Additionally, the Judge can: (1) Scheduling hearing dates to hear motions; (2) Scheduling the trial date; (3) Making rulings on discover, including the admissibility of documents into evidence; (4) Discussing agreements between the parties regarding safeguarding of electronically stored information / evidence;

What to do after time has passed on a motion?

After some time has passed, or when there is urgency to your motion, you may need to take some extraordinary measures to get a ruling on your motion. This may mean going to the reviewing court (the state court of appeals) for help.

What is a motion in a lawsuit?

Motions are written requests by a party to a lawsuit asking a Judge to make a specified ruling or Order related to an issue. For example, a slip and fall victim as a “party plaintiff” can “move” to have the court issue an order requiring the defendant turn over any video surveillance of the slip and fall.

What is a motion for summary judgment?

However, there is a Motion that can end a case by entry of a judgment in favor of the moving party, called a Motion For Summary Judgment (MSJ).

What is a case management conference in Florida?

Under Florida Rule of Civil Procedure 1.200, you can ask for something called a “Case Management Conference”. Here, you can remind the Judge that a motion is still pending. But be prepared, once you request a status conference, things may snowball. At the conference, the Judge can do several things. For instance, the Judge can rule on pending ...

What happens if a will is left in probate court?

The probate court judge will become much more involved in the proceedings if the decedent left a will and there's any disagreement or acrimony between the executor, the beneficiaries, and/or heirs-at-law. The judge might have to address challenges made by the heirs-at-law as to the validity of the will.

What is probate judge?

A probate judge is a civil court judge and a state judicial official who is in charge of overseeing cases presented in the probate court system. These cases can include not only the estates of deceased persons, but competency and guardianship issues and adoptions in some jurisdictions as well. Estate matters are the most common cases heard in ...

What are the reasons for contesting a will?

"Grounds" or reasons to contest a will can also include: 1 That another individual or individuals coerced the decedent into including certain terms in the will 2 That the will doesn't conform to state law, such as because it lacks sufficient witness signatures, so it's not valid and its terms can't be enforced 3 That the decedent wasn't of sound mind at the time they signed the will

How much do judges make in 2019?

Salaries are typically set by the counties, not at the state level. The median salary for all judges and magistrates nationwide was $136,910 in 2019. Keep in mind that "median" is not the same as "average.".

Who is Julie Garber?

Julie Ann Garber is an estate planning and taxes expert. With over 25 years of experience as a lawyer and trust officer, Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications. She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994.

How many probate courts are there in the US?

Judges are typically appointed by the governor or by the state legislature. There's usually one probate court per U.S. county in counties that maintain these courts at all. Some rural counties with very modest populations will divert their probate cases to the state capital or to a larger, nearby county.

Who can be appointed as personal representative?

The probate judge can usually appoint someone as personal representative if the heirs-at-law all agree to this appointment. The probate judge's role in the administration of the estate would most likely be minimal beyond this point, assuming that the heirs-in-law get along.

Definitions and Examples of A Probate Judge

See more on thebalance.com

How Does A Probate Judge Work?

How Much Are Probate Judges paid?

How Much Experience and Education Are Required to Be A Probate Judge?