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Published byTarja Pääkkönen Modified over 5 years ago
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Steps After a Crime Investigation and Arrest Booking Nolle Prosequi-
Arrest warrant Booking Nolle Prosequi- Discretion-
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Steps After a Crime Lower Court Initial Appearance/ Arraignment
Preliminary Hearing OR Grand Jury Depends on the state
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Arraignment/ Initial Appearance
Misdemeanor Read charges Informed of rights- trial/ lawyer (appointed) Enter plea- Innocent- set trial date and set bail/ bond Guilty- Most often, misdemeanor charges lead to guilty pleas and sentencing here Bench trial nolo contendre
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Arraignment/ Initial Appearances
8th Amendment- right to bail Purpose (bail)- Considerations- crime, priors, family, ties, etc (Remand- kept in custody/ jail) Types ROR Cash bond Property bond Bail bondsmen
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Prelim. Hearing/ Grand Jury
Felony-- depends on state Like misdemeanors, but adds one step Arraignment Read charges Right to trial/ consul Bail/ bond review Prelim. Hearing/ Grand Jury scheduled Results: charges could be dismissed or suspect could be bound over for trial The trial date would be set
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Prelim. Hearing/ Grand Jury
Preliminary Hearing: to est. probable cause Judge determines if there is enough evidence to support the charges/ for a trial Grand Jury- to est. probable cause Not public/ in secret Required in FEDERAL felony cases Indictments- true bill- yes, we found probable cause and there’s enough evidence to go to trial
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Steps After a Crime Trial Court Plea bargaining Pre-trial motions
Ex: motion to suppress evidence motion to dismiss to case Subponeas-
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Plea Bargaining Purpose (plea): Dominant activity of criminal courts
Saves time and money by avoiding a trial In most cases there is little doubt about the defendants legal guilt 95% of all felony convictions result from guilty pleas
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Steps After a Crime Trial (Lap 4) Sentencing (Lap 5) Appeal (Lap 6)
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