REVIEWING the Arrest to Trial Procedures Mr. Augeri

Investigation and Arrest Incident – guilty mind and act Actus Reus Mens Rea Warrant is issue for Arrest upon probable cause Arrest – with no warrant there must be an exception to the warrant requirement Law Enforcement Citizens Arrest

Pretrial Activities First Court Appearance Normally within 24 to 48 hours of arrest Informed of charges and right to counsel Bail is determined Bail Remand Release on your own Recognizance Conditional Release

Pretrial Activities Probable Cause Hearing - Before felony cases can go to trial a court must find that there is probable cause to believe that a crime was committed and the arrestee committed it. Preliminary Hearings – prosecution presents evidence and the defense can cross examine witnesses. Judge decides if there is probable cause Grand Jury Indictments – normally done in secret where the prosecutor presents evidence to 23 jurors and they must decide if there is enough evidence for official charges to be filed.

Pretrial Activities Arraigned = Charges are read and a plea is entered Guilty Not guilty Nolo Contedere Nolo Contendere is a plea of no contest or guilty but does not serve as an admission of guilt if the defendant is sued in a civil case Determination of a jury trial or a bench trial may be determined Pretrial motions are often cited (suppress illegally obtained evidence or transfer the case to a different judge, change of venue, gag orders, etc.)

Pretrial Conference Stage The plea bargain stage and process takes place at this point. We will discuss plea bargaining and complete a plea bargaining activity at a later date… STAY TUNED!

Trial 1. Jury Selection – Voir Dire 2. Opening Statements 3. Presenting of Evidence – Examination of Witnesses 4. Closing Arguments 5. Instructions to the Jurors 6. Jury Deliberation 7. Verdict

Post Trial Sentencing Hearing Post-trial Motions Appeals to a Higher Court