1. REVIEWING the Arrest to Trial Procedures
Mr. Augeri

2. Investigation and Arrest
Incident – guilty mind and act
Actus Reus
Mens Rea
Warrant is issue for Arrest upon probable cause
Arrest – with no warrant there must be an exception to the warrant requirement
Law Enforcement
Citizens Arrest

3. Pretrial Activities First Court Appearance
Normally within 24 to 48 hours of arrest
Informed of charges and right to counsel
Bail is determined
Bail
Remand
Release on your own Recognizance
Conditional Release

4. Pretrial Activities
Probable Cause Hearing - Before felony cases can go to trial a court must find that there is probable cause to believe that a crime was committed and the arrestee committed it.
Preliminary Hearings – prosecution presents evidence and the defense can cross examine witnesses. Judge decides if there is probable cause
Grand Jury Indictments – normally done in secret where the prosecutor presents evidence to 23 jurors and they must decide if there is enough evidence for official charges to be filed.

5. Pretrial Activities Arraigned = Charges are read and a plea is entered
Guilty
Not guilty
Nolo Contedere
Nolo Contendere is a plea of no contest or guilty but does not serve as an admission of guilt if the defendant is sued in a civil case
Determination of a jury trial or a bench trial may be determined
Pretrial motions are often cited (suppress illegally obtained evidence or transfer the case to a different judge, change of venue, gag orders, etc.)

6. Pretrial Conference Stage
The plea bargain stage and process takes place at this point.
We will discuss plea bargaining and complete a plea bargaining activity at a later date…
STAY TUNED!

7. Trial 1. Jury Selection – Voir Dire 2. Opening Statements
3. Presenting of Evidence – Examination of Witnesses
4. Closing Arguments
5. Instructions to the Jurors
6. Jury Deliberation
7. Verdict

8. Post Trial Sentencing Hearing Post-trial Motions
Appeals to a Higher Court