Pre-trial Process Court Systems and Practices

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Entry into the Court System A person enters the court system when they are arrested – An arrest occurs when adequate evidence exists 3 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Entry into the Court System (continued) Once the person is arrested they are taken to jail and booked – Booking consists of Obtaining biographical information about the defendant (name, address, dob, etc.) Fingerprinting the defendant Taking the defendant’s photograph (the mug shot) 4 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Entry into the Court System (continued) A police officer (or sometimes the prosecutor) files a complaint, which is the charge – The complaint is a written statement of the essential facts constituting a charged offense. It is made upon oath before a magistrate. 5 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Entry into the Court System (continued) This is also known as an affidavit Hearsay can be allowed in a complaint If a person is not in custody when an officer has his complaint signed by the judge, it then becomes a warrant for that person’s arrest 6 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Visiting with the Judge The first appearance before the judge is called the initial appearance 7 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Visiting with the Judge (continued) The judge – Confirms the identity of the defendant – Informs of various rights such as remaining silent and having an attorney – Gives a date to show up to court for their preliminary hearing – Advises the defendant of how much their bail is This happens within 24 to 48 hours of being arrested 8 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Bail Bail is the money or property given as security for a defendant’s appearance in court. – It may be lost if the defendant does not appear at the court date – Also know as the bond 9 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Bail (continued) Surety Bond – when a third party agrees to pay the bond – The defendant pays a professional bondsman 10 percent or more of the bond amount in exchange for the bondsman making the defendant’s bail – The defendant does not get the 10 percent back 10 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Bail (continued) Property Bond – when the defendant pledges a car, house, or other property to retain release Cash Bond – the defendant puts up his or her own cash to bail out Personal Recognizance – when a defendant needs only to promise to appear in court 11 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Bail (continued) The 8 th Amendment does not allow bail to be excessive – The Supreme Court has ruled that just because a defendant cannot pay the amount the court has set it is not necessarily excessive 12 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Bail (continued) The bail amount can depend on – The nature of the crime – The defendant’s criminal history – Flight risk – How much wealth the defendant has 13 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Bail (continued) Bail can be denied depending on some of the following: – The type and nature of the crime – Flight risk – Protection of the victim or the defendant 14 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Preliminary Hearing The defendant’s second appearance before a judge in which the court determines if probable cause exists to believe the accused committed the crime The purpose of the hearing is to have an impartial third party review the facts to be sure that probable cause exists 15 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Preliminary Hearing (continued) The preliminary hearing is many times bypassed and the case is sent to the grand jury The hearing is adversarial and can serve as a source of discovery for both the prosecutor and defense 16 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Preliminary Hearing (continued) Other motions to throw out illegally seized evidence, etc. are made after the preliminary hearing 17 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Grand Jury A group of people who routinely meet to determine whether there is probable cause to believe that defendants committed the crimes they are charged with 18 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Grand Jury (continued) Grand Juries – Are closed – Are presented evidence by the prosecutor only – Are secret – Do not have the defendant present – Have the power to subpoena witnesses to testify and give immunity from prosecution 19 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Grand Jury (continued) If the grand jury finds that probable cause does exist, the defendant is issued a true bill of indictment, or is indicted If the grand jury finds that probable cause does not exist, the defendant is no billed and the case is dropped 20 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Arraignment After formal charges have been filed, the defendant is brought to court for the arraignment The arraignment is the hearing at which the defendant is brought before a judge to hear charges and enter a plea 21 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Arraignment (continued) The defendant will enter any of the following pleas: – Not guilty – Guilty – Nolo contendere or no contest Means “I do not contest it” The defendant neither admits nor denies the charges, and has no intention of defending themselves 22 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Arraignment (continued) A guilty plea must be ▫ Voluntarily ▫ And the defendant must be aware of its implications No plea is the same as a not guilty plea A plea bargain can be announced—a negotiation between a prosecutor and the defendant’s lawyer where the defendant pleas guilty for a lesser punishment so the case doesn’t go to court. This has to be approved by the court 23 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Resources , Criminal Law and Procedure (5 th Edition) by Daniel E. Hall, J.D., Ed.D , Introduction to Criminal Evidence and Court Procedure (3 rd Edition) by Julian R. Hanley, Wayne W. Schmidt, and Larry D. Nichols 24 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.