1. Court Systems and Practices
Pre-trial Process
Court Systems and Practices

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3. Entry into the Court System
A person enters the court system when they are arrested
An arrest occurs when adequate evidence exists
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4. 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)
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5. 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.
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6. 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
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7. Visiting with the Judge
The first appearance before the judge is called the initial appearance
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8. Visiting with the Judge (continued)
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
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9. 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
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10. 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
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11. 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
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12. Bail (continued) The 8th 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
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13. 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
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14. 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
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15. 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
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16. 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
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17. Preliminary Hearing (continued)
Other motions to throw out illegally seized evidence, etc. are made after the preliminary hearing
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18. 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
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19. 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
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20. 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
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21. 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
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22. 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
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23. 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
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24. Resources
, Criminal Law and Procedure (5th Edition) by Daniel E. Hall, J.D., Ed.D.
, Introduction to Criminal Evidence and Court Procedure (3rd Edition) by Julian R. Hanley, Wayne W. Schmidt, and Larry D. Nichols
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