Steps After a Crime Investigation and Arrest Booking Nolle Prosequi-

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Presentation transcript:

Steps After a Crime Investigation and Arrest Booking Nolle Prosequi- Arrest warrant Booking Nolle Prosequi- Discretion-

Steps After a Crime Lower Court Initial Appearance/ Arraignment Preliminary Hearing OR Grand Jury Depends on the state

Arraignment/ Initial Appearance Misdemeanor Read charges Informed of rights- trial/ lawyer (appointed) Enter plea- Innocent- set trial date and set bail/ bond Guilty- Most often, misdemeanor charges lead to guilty pleas and sentencing here Bench trial nolo contendre

Arraignment/ Initial Appearances 8th Amendment- right to bail Purpose (bail)- Considerations- crime, priors, family, ties, etc (Remand- kept in custody/ jail) Types ROR Cash bond Property bond Bail bondsmen

Prelim. Hearing/ Grand Jury Felony-- depends on state Like misdemeanors, but adds one step Arraignment Read charges Right to trial/ consul Bail/ bond review Prelim. Hearing/ Grand Jury scheduled Results: charges could be dismissed or suspect could be bound over for trial The trial date would be set

Prelim. Hearing/ Grand Jury Preliminary Hearing: to est. probable cause Judge determines if there is enough evidence to support the charges/ for a trial Grand Jury- to est. probable cause Not public/ in secret Required in FEDERAL felony cases Indictments- true bill- yes, we found probable cause and there’s enough evidence to go to trial

Steps After a Crime Trial Court Plea bargaining Pre-trial motions Ex: motion to suppress evidence motion to dismiss to case Subponeas-

Plea Bargaining Purpose (plea): Dominant activity of criminal courts Saves time and money by avoiding a trial In most cases there is little doubt about the defendants legal guilt 95% of all felony convictions result from guilty pleas

Steps After a Crime Trial (Lap 4) Sentencing (Lap 5) Appeal (Lap 6)