1. Criminal Procedure You have the right to:
-Ask if you are free to go (am I being detained?)
-Refuse to answer any questions
-Ask why you are being arrested
Prior to arrest police have power to:
-Detain You
-Question You
-Ask for Identification
-Pat you down for weapons
-ARREST you based on PROBABLE CAUSE

2. ARRESTED! ANY MISTAKES ON THEIR PART CAN INVALIDATE YOUR ARREST…
NOT FREE TO GO!
POLICE and PROSECUTORS must observe ALL OF YOUR RIGHTS.
5TH Amendment: You cannot be denied “life, liberty, or property, without DUE PROCESS of law”
ANY MISTAKES ON THEIR PART CAN INVALIDATE YOUR ARREST…
EVEN IF YOU ARE GUILTY

3. Criminal Procedure: Pretrial
Arrested:
Upon arrest police may read you the MIRANDA WARNING
“You have the right to remain silent…..”
5th Amendment also protects us from “self-incrimination”
MOST DEFENSE ATTORNEYS SAY: DON’T TALK TO THE POLICE!!!!!
5/26/2018

4. Procedures Following Arrest
Booking:
Police will formally advise you of your rights
Fingerprinting, mug shots ,and personal data collected
Possible participation in a lineup
Detectives / Prosecutors will try to get a statement without a lawyer
You can be held for hours for suspicion
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7. You are now the DEFENDANT
Complaint: Formal charge against you.
Superior Court: Serious offenses
Municipal Court: Lesser offenses “Disorderly persons”, simple assault, public intoxication, etc…
PROSECUTOR TAKES OVER YOUR CASE
Prosecutor: Lawyer against you representing the government
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8. First / Initial Appearance
You meet the judge
You are told of the pending charges against YOU
You make contact with a LAWYER / PUBLIC DEFENDER

9. First / Initial Appearance
Bail Set for Serious offenses
Bail is money (property), given to the court as a guarantee you will show up for your trial
Misdemeanor offenses
ROR: Released on your own Recognizance - You promise to show up to your trial
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10. Prosecutor: local, county, or Federal
THE PROSECUTOR: Lawyer for the Government against you
Decides:
Does the case have merit? (PROBABLE CAUSE)?
Options:
Downgrade to Municipal Court
Negotiate a PLEA BARGAIN
DISMISS: Drop charges for lack of evidence
PROSECUTE in court!!! (only 10% of cases)
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11. INDICTMENTS
BEFORE YOUR TRIAL: The PROSECUTOR must prove to a group of citizens (Grand Jury) that the case against you is valid (Probable Cause exists)
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12. Typical Grand Jury 16 to 23 members Citizens from the community
Accused rarely testifies
No defense
CRITICISMS OF GRAND JURY
Almost always find PROBABLE CAUSE
COSTLY
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13. Arraignment Guilty: No trial; you go directly to SENTENCING
ONCE YOU HAVE BEEN INDICTED BY THE GRAND JURY
Formal arraignment; You plead to the charge:
Guilty: No trial; you go directly to SENTENCING
Not guilty: TRIAL (rare >5%)
OR:
No contest:
Is like a guilty plea but can’t be used against you in a civil case later

14. Why do so few cases go to court?
PLEA BARGAINING
PROSECUTOR offers defendant a deal for a GUILTY PLEA (Reduced crime, penalty, time)
Almost 90% of all convictions come from PLEA BARGAINS
Arguments for plea bargaining:
Cheaper than trials
Efficient: Courts could not try all cases
Guarantees PUNISHMENT!
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15. Arguments Against Plea Bargaining
Encourages defendants to waive constitutional rights
Guilty people do less time than the law dictates
Possibility of coercing innocent to plead guilty
FEDERAL SYSTEM especially
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16. Factors Affecting Prosecutor’s decisions about each case
The offense: Public Opinion
Prior record
Defendant’s age
Type, strength and admissibility of evidence
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17. Why do so few cases go to court?
PTI: PRE TRIAL INTERVENTION
For first time non-violent offenders
Goal is rehabilitation
Charges are suspended, if defendant stays out of trouble for a certain amount of time, charges are dropped
Defendant often required to attend counseling / submit to drug testing
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18. Defense Attorney’s Role in Plea Bargaining
Acts in an advisory role in negotiations
Makes certain accused understands nature of plea bargaining process and the guilty plea
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