Criminal Procedure You have the right to: -Ask if you are free to go (am I being detained?) -Refuse to answer any questions -Ask why you are being arrested Prior to arrest police have power to: -Detain You -Question You -Ask for Identification -Pat you down for weapons -ARREST you based on PROBABLE CAUSE

ARRESTED! ANY MISTAKES ON THEIR PART CAN INVALIDATE YOUR ARREST… NOT FREE TO GO! POLICE and PROSECUTORS must observe ALL OF YOUR RIGHTS. 5TH Amendment: You cannot be denied “life, liberty, or property, without DUE PROCESS of law” ANY MISTAKES ON THEIR PART CAN INVALIDATE YOUR ARREST… EVEN IF YOU ARE GUILTY

Criminal Procedure: Pretrial Arrested: Upon arrest police may read you the MIRANDA WARNING “You have the right to remain silent…..” 5th Amendment also protects us from “self-incrimination” MOST DEFENSE ATTORNEYS SAY: DON’T TALK TO THE POLICE!!!!! 5/26/2018

Procedures Following Arrest Booking: Police will formally advise you of your rights Fingerprinting, mug shots ,and personal data collected Possible participation in a lineup Detectives / Prosecutors will try to get a statement without a lawyer You can be held for 24-72 hours for suspicion 5/26/2018

You are now the DEFENDANT Complaint: Formal charge against you. Superior Court: Serious offenses Municipal Court: Lesser offenses “Disorderly persons”, simple assault, public intoxication, etc… PROSECUTOR TAKES OVER YOUR CASE Prosecutor: Lawyer against you representing the government 5/26/2018

First / Initial Appearance You meet the judge You are told of the pending charges against YOU You make contact with a LAWYER / PUBLIC DEFENDER

First / Initial Appearance Bail Set for Serious offenses Bail is money (property), given to the court as a guarantee you will show up for your trial Misdemeanor offenses ROR: Released on your own Recognizance - You promise to show up to your trial 5/26/2018

Prosecutor: local, county, or Federal THE PROSECUTOR: Lawyer for the Government against you Decides: Does the case have merit? (PROBABLE CAUSE)? Options: Downgrade to Municipal Court Negotiate a PLEA BARGAIN DISMISS: Drop charges for lack of evidence PROSECUTE in court!!! (only 10% of cases) 5/26/2018

INDICTMENTS BEFORE YOUR TRIAL: The PROSECUTOR must prove to a group of citizens (Grand Jury) that the case against you is valid (Probable Cause exists) 5/26/2018

Typical Grand Jury 16 to 23 members Citizens from the community Accused rarely testifies No defense CRITICISMS OF GRAND JURY Almost always find PROBABLE CAUSE COSTLY 5/26/2018

Arraignment Guilty: No trial; you go directly to SENTENCING ONCE YOU HAVE BEEN INDICTED BY THE GRAND JURY Formal arraignment; You plead to the charge: Guilty: No trial; you go directly to SENTENCING Not guilty: TRIAL (rare >5%) OR: No contest: Is like a guilty plea but can’t be used against you in a civil case later

Why do so few cases go to court? PLEA BARGAINING PROSECUTOR offers defendant a deal for a GUILTY PLEA (Reduced crime, penalty, time) Almost 90% of all convictions come from PLEA BARGAINS Arguments for plea bargaining: Cheaper than trials Efficient: Courts could not try all cases Guarantees PUNISHMENT! 5/26/2018

Arguments Against Plea Bargaining Encourages defendants to waive constitutional rights Guilty people do less time than the law dictates Possibility of coercing innocent to plead guilty FEDERAL SYSTEM especially 5/26/2018

Factors Affecting Prosecutor’s decisions about each case The offense: Public Opinion Prior record Defendant’s age Type, strength and admissibility of evidence 5/26/2018

Why do so few cases go to court? PTI: PRE TRIAL INTERVENTION For first time non-violent offenders Goal is rehabilitation Charges are suspended, if defendant stays out of trouble for a certain amount of time, charges are dropped Defendant often required to attend counseling / submit to drug testing 5/26/2018

Defense Attorney’s Role in Plea Bargaining Acts in an advisory role in negotiations Makes certain accused understands nature of plea bargaining process and the guilty plea 5/26/2018