held over for trial

03:15 Mar 15, 2021 

I'm not so sure it's as much a question of being 'fooled by context' as it is a question of a phrase being used with a meaning that is inconsistent with common usage in criminal hearings, where it normally means that bail has been denied. As the federally-certified court interpreter Dr. Michael Powers says (here in Discussion), 'the phrase ... is ambiguous.' In this case, I think the source text would be clearer if the sentence simply ended with 'formally charged.' Anyway, good discussion!

02:52 Mar 15, 2021 

No problem. I've been fooled by context before awa on cultural issues of SL and TL. Also, is it for Spain or Mexico? UK or US? Whew!

Léotin-Jean Constantinesco (Traité de Droit Comparé, 1974:147), has said: Legal translation is a double operation consisting of both legal and interlingual transfer, with an emphasis on legal transfer which constitutes the principal operation.

This KudoZ entry has revealed the emphasis on the legal transfer of the phrase "held over for trial," and how knowing that the grand jury does not decide issues of bail helps us arrive at a legal translation as opposed to just a translation. Otherwise, it would be an illegal translation (pun, intended).

19:26 Mar 14, 2021 

I think part of the confusion is that 'held over' outside of the grand jury context means held without bail, as suggested here https://www.avvo.com/legal-answers/what-exactly-does-held-ov...

16:26 Mar 14, 2021 

Sorry about posting the PA law. Here’s Article 510 of the NY Criminal Procedure Law:

S 510.10 Securing order; when required.
When a principal, whose future court attendance at a criminal action
or proceeding is or may be required, initially comes under the control
of a court, such court must, by a securing order, either release him on
his own recognizance, fix bail or commit him to the custody of the
sheriff. http://ypdcrime.com/cpl/article510.htm#c510.10

The grand jury makes no recommendations regarding a person’s bail. If you believe GJs do make recommendations on bail, then please cite the corresponding law.

04:46 Mar 14, 2021 

The phrase "abrir el juicio a pruebas" means "to bring the case to trial". Unfortunately, the phrase "held over for trial" is ambiguous. Does it literally mean pretrial detention or does it simply mean that after a true verdict on the indictment, it eventually goes to trial.

I do n not know how the state systems work and if they are different that the federal system. But in the federal system, the grandn jury, or the "jurado de acusación" or "gran jurado" only decides if there is probably cause to justify an indictment. That is the extent to what a Grand Jury does at the federal level in the U.S.

After the indictment is issued, the arraignment takes place in which the charges are formally read and the defendant, usually through his attorney, will have a bond hearing in which the Judge determines whether he is either a risk to the community or if there is a danger of flight to justify pretrial detention. The pretrial detention hearing has nothing to do with the Grand Jury and only involves the defendant, the prosecutor, the judge, and at times witnesses, such as agents.

The translation depends on what is meant by "held over".

02:21 Mar 14, 2021 

Ya encontré la ley correspondiente:

Pennsylvania Rules of Criminal Procedure
Rule 103. Definitions. The following words and phrases, when used in any Rule of Criminal Procedure, shall have the following meanings: ...

BAIL AUTHORITY is the magisterial district judge, magistrate, Philadelphia arraignment court magistrate, or the judge with jurisdiction over the case who is authorized by law to set, modify, revoke, or deny bail.