Arrests, Interrogations, and Confessions

Definitions Arrest: person is deprived of his or her freedom Interrogation: person accused or arrested is questioned Confession: admission of guilt which will be used as evidence at trial

Booking Formal process of making a police record of the arrest Fingerprinting and photographing occurs during this phase Other testing such as blood samples, urine samples, hair samples, etc. may all be obtained depending on the case

Arraignment Occurs before a judge Defendant is informed of charges and advised of rights Misdemeanor defendant enters a plea Felony defendant does not enter plea until a preliminary hearing OR goes to grand jury Will the defendant be released from custody?

Bail 8 th Amendment states that excessive bail shall not be required To be released on bail (also called personal recognizance) a person must be considered a good risk to show up for trail. Factors that will be considered include: nature and circumstances of the crime accused family and community ties financial resources employment background prior criminal record

Preliminary hearing Used in felony cases to screen if there is enough evidence to require the defendant to stand trial Judge can dismiss the case if no probable cause is found but case can still be submitted to the grand jury

Grand Jury Type of jury that determines whether there is enough evidence for a trial If so, they hand down an indictment

Indictment Formal accusation that a person has committed a criminal offense

After indictment Accused felon must enter a plea If guilty plea: date is set for sentencing If not guilty plea: date is set for trial and choice is made for trial jury or trial with only the judge

Nolo contendere Plea by defendant that does not admit guilt but does not contest the charges Advantages: this plea can’t be used as evidence in a later civil trial there is no trial and sentencing follows.

Pretrial motion Formal request that the court make a ruling or take an action before the trial. Common examples include: motion for discovery motion for continuance motion for change of venue motion to suppress evidence-  applies the exclusionary rule

Trial

Verdict

Sentencing

Frank Garcia, Jr. Monroe County Timeline 2/14/09 - crimes committed in Brockport 2/15/09 - arrest; charged with 2 counts of first degree murder and attempted murder 2/20/09 - Monroe County Grand Jury handed down an indictment 3/06/09 - arraignment; pleads not guilty; no bail set 8/28/09 - Pretrial hearing 11/09/09 - Jury Selection begins