Chapter 13 Criminal Justice Process: Proceedings Before Trial

Following Arrest - Booking Fingerprints, Photographs, record of the arrest Fingerprints, Photographs, record of the arrest Samples Taken (hair, fingernails, urine, etc) Samples Taken (hair, fingernails, urine, etc)

Initial Appearance Judge explains Rights Judge explains Rights Bail Set Bail Set Plea entered in misdemeanor cases Plea entered in misdemeanor cases

Bail Money paid to ensure that the defendant shows up for trial Money paid to ensure that the defendant shows up for trial Bail is guaranteed in MOST cases Bail is guaranteed in MOST cases Dangerousness hearing Dangerousness hearing 8 th Amendment protects against excessive bail 8 th Amendment protects against excessive bail

Personal Recognizance Released solely on your promise to show up for trial Released solely on your promise to show up for trial Low flight risk Low flight risk

Grand Jury people determine if there is enough evidence to go forward with a trial people determine if there is enough evidence to go forward with a trial If there is, they issue an Indictment If there is, they issue an Indictment

Felony Arraignment Formally Charged and Plea entered Formally Charged and Plea entered

Pleas Guilty – date set for sentencing Guilty – date set for sentencing Not Guilty – date set for trial Not Guilty – date set for trial Nolo contendere – NOT an admission of guilt but recognizes enough evidence for conviction Nolo contendere – NOT an admission of guilt but recognizes enough evidence for conviction

Pre-Trial Motions Dismissal Dismissal Discovery Discovery Change of Venue Change of Venue Continuance Continuance Motion to suppress Motion to suppress “Good Faith” Exception “Good Faith” Exception

Plea Bargains What are they, and should they be allowed? What are they, and should they be allowed?