New Trial Under Influence

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Summary

In Pennsylvania, you may request a Post Conviction Relief Act (PCRA) hearing if you can prove your rights were violated, your counsel was ineffective, or new exculpatory evidence has surfaced. Being under the influence during your original trial does not automatically grant a new trial. Judges have discretion in rescheduling hearings, and there is no strict limit on how many times a masters hearing can be rescheduled. You have the right to apply for asylum while incarcerated, but the process may be affected. A trial for a particular charge can happen only once unless theres a mistrial, appeal, or successful PCRA petition. Always consult a local attorney for specific legal advice.

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Yes if you were under the influence during your first hearing do they have to Grant you a new hearing through a pcra
To provide you with accurate information, could you please share your location? Laws regarding the right to a new trial due to being under the influence during the original hearing can vary greatly depending on the jurisdiction.
Pennsylvania
In Pennsylvania, you may be able to request a Post Conviction Relief Act (PCRA) hearing if you can prove:
- Your rights were violated.
- Your counsel was ineffective.
- New exculpatory evidence has surfaced.
Being under the influence may not automatically grant a new trial. Consult a local attorney for specific advice.
Does the judge have to dismiss or reschedule the hearing since you have not received your asylum application while your incarcerated
In Pennsylvania, the judge doesn't automatically have to dismiss or reschedule the hearing. However, you can request it. It's essential to have legal representation in this process. For specific advice, consult with a local immigration attorney.
But isn't it your right to receive an asylum application while you're in Pennsylvania
Yes, it's your right to apply for asylum regardless of your location in the U.S., including Pennsylvania. However, your incarceration may affect the process. I recommend seeking advice from an immigration attorney for your specific situation.
How many times can a judge reschedule a master's hearing in Pennsylvania
In Pennsylvania, there's no strict limit on how many times a judge can reschedule a master's hearing. The judge has discretion, but frequent continuances may be contested. Always consult a local attorney for specifics.
How many times can a trial happen during a criminal case
In Pennsylvania, a trial can happen only once for a particular charge in a criminal case, unless there's a mistrial, appeal, or successful Post Conviction Relief Act (PCRA) petition. Each situation has specific laws and procedures. Consult a local criminal attorney for personalized advice.