Entity: defendant
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defendant

28 Facts
21 Related Topics
Traditional bail is money posted by a defendant as a refundable deposit intended to secure the defendant's release before trial by providing financial assurance that the defendant will return to court.
November 19, 2025 high definition
Describes the conventional purpose and function of monetary bail in pretrial criminal procedure.
In U.S. federal criminal law, a defendant who claims vindictive prosecution must show that the prosecutor acted with genuine animus toward the defendant and pursued charges to punish the defendant for exercising a protected right.
November 19, 2025 high legal_standard
Describes the legal elements required to prove a vindictive prosecution claim in federal cases.
A dismissal of criminal charges 'with prejudice' prevents prosecutors from refiling the same charges against the defendant.
November 19, 2025 high legal_definition
Explains the legal effect of a dismissal with prejudice in criminal proceedings.
In U.S. federal criminal law, a claim of vindictive prosecution requires a defendant to show that a prosecutor acted with 'genuine animus' toward the defendant and pursued charges to punish the defendant for exercising a legally protected right.
November 19, 2025 high legal
Legal standard used to seek dismissal of an indictment on grounds that prosecution was retaliatory for protected conduct.
In U.S. federal criminal law, a selective prosecution claim requires a defendant to show that the government was motivated by a discriminatory purpose, which can be demonstrated by proving that similarly situated individuals were not prosecuted or that the decision to bring charges was invidious or made in bad faith.
November 19, 2025 high legal
Legal standard for challenging an indictment on the basis that prosecutorial decisions were discriminatorily applied.
A common legal principle in self-defense claims is that the defendant's actions may be evaluated based on the circumstances as the defendant perceived them.
November 17, 2025 high legal
Defense arguments often emphasize subjective perception when assessing justification for use of force.
When a defendant in a civil wrongful-death case concedes liability, jurors are generally tasked only with determining the amount of damages rather than deciding fault or liability.
November 05, 2025 high legal_principle
Explains the procedural effect of a defendant accepting liability in a wrongful-death civil case.
When a judge rejects a plea agreement, a criminal defendant may withdraw a previously entered guilty plea or proceed without the plea agreement and potentially face a higher sentence than the rejected deal would have provided.
November 03, 2025 high procedural
Legal options and sentencing consequences following judicial rejection of a plea deal
Criminal defendants in the U.S. may be released from custody after posting a court-ordered bond.
October 30, 2025 high legal_procedure
Common pretrial release mechanism where a defendant is released upon payment or posting of bond set by the court.
Under U.S. law, a defendant seeking dismissal on grounds of vindictive prosecution must prove that prosecutors acted with genuine animus in bringing the case and that prosecutors singled the defendant out because of that animus.
October 23, 2025 high legal
Describes the legal standard courts apply to vindictive-prosecution claims in U.S. criminal cases.
Under U.S. law, a selective-prosecution claim requires the defendant to prove that similarly situated persons were not prosecuted.
October 23, 2025 high legal
Explains the burden of proof for selective-prosecution claims in U.S. criminal procedure.
In U.S. federal criminal proceedings, an arraignment before a magistrate judge typically involves the judge explaining the charges to the defendant, informing the defendant of the potential penalties, and asking the defendant to enter a plea (for example, not guilty).
October 17, 2025 high procedural
General description of federal arraignment procedure in the U.S. criminal justice system.
Federal judges can revoke a defendant's pretrial release (bond) if the prosecution persuades the court there is a serious risk the defendant will threaten, injure, or intimidate witnesses or jurors.
October 14, 2025 high temporal
U.S. federal criminal procedure regarding conditions of release and bond revocation.
At a federal criminal arraignment, a judge typically formally informs a defendant of the charges, provides an opportunity to enter a plea, may consider terms of pretrial release, and can set a trial date or a date to hear pretrial motions.
October 08, 2025 high procedural
General description of common procedures at federal criminal arraignments.
Being released on one's own recognizance means a defendant is not required to post bail to be released from custody pretrial.
October 08, 2025 high definition
Legal definition of an own-recognizance (OR) release in the U.S. criminal justice system.
Courts can require a recognizance bond if a defendant who was released on their own recognizance fails to appear for required proceedings.
October 08, 2025 high procedural
Condition and enforcement measure related to own-recognizance releases.
When a defendant surrenders for arraignment, they are typically booked the same day, a process that ordinarily includes taking photographs and fingerprints and checking for outstanding warrants.
October 08, 2025 high procedural
Standard booking procedures associated with criminal arraignments.
An arraignment typically involves a court reading the charges to the defendant, the judge asking the defendant to enter a plea, and the judge outlining the next procedural steps in the case.
October 08, 2025 high procedural
General description of common criminal-court arraignment procedure in U.S. courts.
Preliminary hearings are court proceedings held to determine whether there is enough evidence to require a defendant to stand trial.
October 06, 2025 high legal
Defines the purpose of a preliminary hearing in criminal procedure.
During the penalty phase of a capital trial, prosecutors commonly emphasize aggravating factors such as the defendant's motive to persuade jurors to impose a harsher sentence, including the death penalty.
medium legal
The penalty phase focuses on factors that can increase culpability or justify harsher punishment, and motive is frequently presented as an aggravating circumstance.
Plea agreements in criminal cases can involve a defendant pleading guilty in exchange for avoiding the death penalty and may include waiving the right to appeal or to seek future sentence reductions.
high legal
Common terms and trade-offs in plea bargaining for capital cases.
In capital cases, plea agreements can include terms where a defendant pleads guilty in exchange for the state agreeing not to seek the death penalty.
high procedural
Describes a common form of plea bargaining used in cases involving potential capital punishment.
To establish prosecutorial vindictiveness, a defendant generally must show that prosecutors acted with genuine animus toward the defendant and that the defendant would not have been prosecuted but for that animus.
high legal_standard
Standard used in U.S. courts to claim retaliatory or vindictive prosecution.
Judges in U.S. federal and state courts may issue arrest warrants when a defendant fails to appear for a scheduled court hearing.
high legal
Failure to appear at scheduled hearings can prompt judicial issuance of arrest warrants as part of court enforcement powers.
A defendant may seek dismissal of an indictment by arguing that the official who signed or secured the indictment was not lawfully appointed under the Constitution's Appointments Clause and applicable federal statutes.
high legal
Legal basis for challenging the validity of an indictment on appointment-eligibility grounds.
A 'no contest' (nolo contendere) plea is a criminal plea in which a defendant chooses not to contest the charges but does not formally admit guilt.
high legal
General definition of the legal plea 'no contest'.
Under current Israeli legal procedures, only a defendant or a member of the defendant's family may submit a pardon request to the President of Israel.
high legal
Describes who is eligible to file a pardon petition under Israeli procedure.
In Israeli practice, pardon requests have typically required defendants to plead guilty and acknowledge wrongdoing, and the Ministry of Justice usually weighs in and provides a recommendation on pardon petitions.
high legal
Describes customary procedural prerequisites and the role of the Ministry of Justice in Israeli pardon decisions.