1. Chapter 4 Initial Appearance
This chapter examines:
The purpose of the initial appearance
Legal requirements of a complaint
Pretrial release
Bounty hunters
Violation of bail conditions

2. Purpose of Initial Appearance
Not mentioned in U.S. Constitution.
Supreme Court has held that an arrested person has a basic right to be taken before a magistrate without unnecessary delay.
In some states referred to as an arraignment and in other states an arraignment is different from first appearance.

3. Steps in the Pretrial Process
Arrest
Booking
Initial appearance
Preliminary hearing
Grand jury indictment or sworn information
Arraignment
Guilty plea or trial

4. Complaint Legal document, e.g., indictment or information
Sets forth the charge or charges against the defendant
If accused not in custody, usually an arrest warrant is issued based on the complaint.

5. Demurrer to Complaint Attacks the legal sufficiency of the complaint
Examples include:
Grand jury had no legal authority to inquire into the offense charged
The accusatory pleadings do not conform to required provisions of state penal code

6. Reasons a Criminal Case Is Dismissed Include:
Evidence problems
Witness problems
Interests of justice
Due Process problems or questions
Plea accepted in another case
Pretrial diversion
Referral for other prosecution

7. Bail Stack v. Boyle Eighth Amendment prohibits excessive bail.
Traditional purpose of bail was to ensure defendant’s presence at trial.
Bail Reform Act of 1984—denial of bail permitted for protective reasons.

8. Protective Detention
Burden of proof in a protective detention hearing is placed on prosecution and requires government to establish the need for detention by clear and convincing evidence.
Government must establish that no condition exists that will assure the safety of the persons concerned.

9. Amount of Bail
Only necessary to ensure the presence of defendant at trial. Any amount in excess of that would amount to excessive bail.
Bail must be individually set in each case, but courts can use a bail schedule to establish presumptive amounts.

10. Pretrial Release Mechanisms
Field citation and release
Station house citation and release
Jail citation and release
Direct release based on a pretrial program
Bail based on a schedule
Judicial bail