Chapter 4 Initial Appearance This chapter examines: The purpose of the initial appearance Legal requirements of a complaint Pretrial release Bounty hunters Violation of bail conditions

Purpose of Initial Appearance Not mentioned in U.S. Constitution. Supreme Court has held that an arrested person has a basic right to be taken before a magistrate without unnecessary delay. In some states referred to as an arraignment and in other states an arraignment is different from first appearance.

Steps in the Pretrial Process Arrest Booking Initial appearance Preliminary hearing Grand jury indictment or sworn information Arraignment Guilty plea or trial

Complaint Legal document, e.g., indictment or information Sets forth the charge or charges against the defendant If accused not in custody, usually an arrest warrant is issued based on the complaint.

Demurrer to Complaint Attacks the legal sufficiency of the complaint Examples include: Grand jury had no legal authority to inquire into the offense charged The accusatory pleadings do not conform to required provisions of state penal code

Reasons a Criminal Case Is Dismissed Include: Evidence problems Witness problems Interests of justice Due Process problems or questions Plea accepted in another case Pretrial diversion Referral for other prosecution

Bail Stack v. Boyle Eighth Amendment prohibits excessive bail. Traditional purpose of bail was to ensure defendant’s presence at trial. Bail Reform Act of 1984—denial of bail permitted for protective reasons.

Protective Detention Burden of proof in a protective detention hearing is placed on prosecution and requires government to establish the need for detention by clear and convincing evidence. Government must establish that no condition exists that will assure the safety of the persons concerned.

Amount of Bail Only necessary to ensure the presence of defendant at trial. Any amount in excess of that would amount to excessive bail. Bail must be individually set in each case, but courts can use a bail schedule to establish presumptive amounts.

Pretrial Release Mechanisms Field citation and release Station house citation and release Jail citation and release Direct release based on a pretrial program Bail based on a schedule Judicial bail