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Shall we say that you simply signify a shopper in a legal matter. You because the legal professional do lots of work on the case. You totally examine it. You interview all of the witnesses. You provide you with a sport plan with you shopper. And at last you attempt to negotiate with the Prosecutor to get the cost dismissed or on the very least decreased to a lesser cost.
The Prosecutor says no to this, and the case will get set for trial. Particularly a jury trial. Nicely anybody that’s accustomed to a jury trial in a legal case is aware of the Prosecutor has to show past an inexpensive doubt with a view to convict the defendant. And the jury should unanimously agree on their verdict with a view to discover the defendant responsible.
However what many individuals could not know is there may be one other method to get a legal cost dismissed throughout a jury trial. And that’s by making a “halftime movement” to a Decide. So what’s a halftime movement.
A halftime movement is strictly the way it sounds. It’s a movement to dismiss made by the protection after the Prosecution has rested their case in chief. Though it isn’t so simple as it sounds, and it cant be made in each case. To achieve success and have the movement granted, the protection legal professional must make it in sure circumstances. Primarily when a legal case has a number of components to the cost. That means the Prosecutor has to show a number of various things with a view to convict the defendant of a single depend.
If the Prosecution has not confirmed one of many components. Then the protection legal professional could make a movement to dismiss and argue if the proof is considered within the gentle most favorable to the Prosecution a prima facie case has not been established and due to this fact one of many components haven’t been met and the cost or case must be dismissed.
Typically this kind of movement wouldn’t be relevant. The very best circumstances to make this movement on are circumstances that contain a particular aspect. For instance in a legal trespass case. Shall we say the defendant was in an space that was closed to the general public. But when the Prosecutor has not confirmed or established they have been conscious of this, then they can’t meet one of many components of legal trespass.
As a result of lengthy shot of really prevailing with this kind of movement. Not each case is relevant. However in sure circumstances and sure circumstances this can be a movement that may be made to a Decide that may end up in the cost being dismissed outright with out ever attending to a jury.
