Law & American Society

Proceedings Before Trial

Booking & Initial Appearance

• Booking is the formal process of making a police record of the arrest– Name– Address– DOB– Place of employment– Fingerprinted– Photographed

• Misdemeanor case the judge will ask for a plea of guilty or not guilty

• Felony case the plea is entered at arraignment – They will decide if the defendant will be released from custody and under what conditions.

Bail & Pretrial Release• An arrested person can usually be released after putting

up an amount of money known as bail

Personal recognizance is when the defendant must promise to return and must be considered a low risk of failing to show up for trial

Information & Preliminary Hearing• The information is a formal criminal charge filed with the court by the

prosecutor without the aid of a preliminary hearing or a grand jury.

• A preliminary hearing is a screening device used in felony cases to determine if there is enough evidence to require the defendant to stand trial.

Grand Jury

• A grand jury is a group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial. The grand jury can issue an indictment, or formal charge if they believe the above criteria has been met.

Felony Arraignment & Pleas

• After the indictment the defendant must appear in court and enter a plea

• The defendant can plea Nolo contendre in which the defendant does not contest the charges. It is equivalent to pleading guilty

Pretrial Motions: The Exclusionary Rule

• An important part of the preliminary proceeding is the pretrial motion. – Motion for discovery of evidence– Motion for a continuance– Motion for change of venue– Motion to suppress evidence

– Mapp Case

Plea Bargaining

• Most cases never go to trial

• A plea bargain is when the prosecutor grants certain concessions to the defendant in exchange for a plea of guilty

Law & American Society

Criminal Justice Process: Proceedings Before Trial

Booking & Initial Appearance

• After the arrest, the accused is normally taken to a police station for booking.

• Booking is the formal process of making a police record of the arrest.

• At the next step, called arraignment, the defendant is informed of the charges and advised of his or her rights and then asked to enter a plea of guilty or not guilty.

Bail and Pretrial Release• An arrested person can usually be

released after putting up an amount of money known as bail.

• If the judge sets bail at $2,000. How much do you have to produce to be released?

Bail and Pretrial Release

• Some defendants can be released on personal recognizance. The defendant promises to return and must be considered a low risk of flight.

Preliminary Hearing• A preliminary hearing is a screening device used in more than half

of the states. It is used a in a felony case to determine if there is enough evidence to require the defendant to stand trial.

Grand Jury

• A grand jury is a group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial.

• If the grand jury finds enough evidence exists for a trial they issue an indictment which is a formal charge of criminal action.

Felony Arraignment and Pleas

• After an indictment the defendant is required to appear in court to enter a plea.

• If the defendant pleads guilty the judge will set a sentencing date.

• If the defendant pleads not guilty the judge will set a trial date and ask the defendant if he wants a jury trial or a trial before a judge

• Nolo Contendere is a plea in which the defendant does not admit guilt but also does not contest the charges.

Pretrial Motions: The Exclusionary Rule

• The pretrial motion is a formal request that a court making a ruling or take some action prior to trial.

• Motion for discovery of evidence

• Motion for a continuance

• Motion for a change of venue

• Motion to suppress evidence

Plea Bargaining

• Most criminal cases never go to trial.

• Plea Bargaining involves giving certain concessions to the defendant in exchange for a guilty plea.