1. Pretrial Proceedings Law and Justice Chapter 13

2. Booking and Initial Appearance Booking and Initial Appearance Booking and Initial Appearance Booking Booking Formal process of making a police record of the arrest Formal process of making a police record of the arrest fingerprint – photos – all personal information fingerprint – photos – all personal information Initial Appearance Initial Appearance Arraignment, preliminary trial etc… must occur in a timely manner Arraignment, preliminary trial etc… must occur in a timely manner more on these later more on these later

3. Bail and Pretrial Release Bail and Pretrial Release Bail and Pretrial Release Bail Bail Amount of money to be ‘put up’ in order to have ‘freedom’ before a trial Amount of money to be ‘put up’ in order to have ‘freedom’ before a trial Sometimes it is the full amount, sometimes just a percentage Sometimes it is the full amount, sometimes just a percentage Bond Companies may post a bail bond as well Bond Companies may post a bail bond as well Personal Recognizance Personal Recognizance Defendant must promise to appear and considered a low flight risk Defendant must promise to appear and considered a low flight risk Bail Reform Act Bail Reform Act No bail for people charged with a federal felony and believed to be dangerous No bail for people charged with a federal felony and believed to be dangerous

4. Information Information Information Most states go to trial for misdemeanors based on a prosecutors information Most states go to trial for misdemeanors based on a prosecutors information Details of the nature and circumstances of the charge Details of the nature and circumstances of the charge Information is a formal criminal charge filed with the court Information is a formal criminal charge filed with the court

5. Preliminary Hearing Preliminary Hearing Preliminary Hearing Screening device in felony cases to determine only if there is enough evidence to require the defendant to stand trial Screening device in felony cases to determine only if there is enough evidence to require the defendant to stand trial The prosecutor must show that: The prosecutor must show that: a crime was probably committed a crime was probably committed the defendant probably did it the defendant probably did it

6. Grand Jury Grand Jury Grand Jury Group of 16-25 people who determine if a person should stand trial Group of 16-25 people who determine if a person should stand trial They issue indictments They issue indictments A formal charge A formal charge

7. Felony Arraignment and Pleas Felony Arraignment and Pleas Felony Arraignment and Pleas After an indictment or information is issued the defendant must appear before the court and enter a plea After an indictment or information is issued the defendant must appear before the court and enter a plea They have 3 choices They have 3 choices guilty guilty proceeds to sentencing proceeds to sentencing not guilty not guilty proceeds to trial proceeds to trial nolo contendere (no contest) nolo contendere (no contest) proceeds to sentencing proceeds to sentencing cannot be used as evidence in a civil trial cannot be used as evidence in a civil trial

8. Pretrial Motions: Exclusionary Rule Pretrial Motions: Exclusionary Rule Pretrial Motions: Exclusionary Rule Motion for discovery of evidence Motion for discovery of evidence Request by the defendant to examine, before trial, evidence in the possession of the prosecutor Request by the defendant to examine, before trial, evidence in the possession of the prosecutor Motion for a continuance Motion for a continuance Request seeking more time to prepare the case Request seeking more time to prepare the case Motion for a change of venue Motion for a change of venue Request to change the location of a trial to avoid community hostility, convenience of witnesses, or other reasons Request to change the location of a trial to avoid community hostility, convenience of witnesses, or other reasons Motion to suppress evidence Motion to suppress evidence Request that certain evidence not be allowed to be presented Request that certain evidence not be allowed to be presented This is part of the exclusionary rule This is part of the exclusionary rule has two functions has two functions Judicial Integrity Judicial Integrity Courts should not be parties to lawbreaking by police Courts should not be parties to lawbreaking by police Deterrence Deterrence If the police know courts will throw out illegal evidence they will be less likely to violate someone’s rights If the police know courts will throw out illegal evidence they will be less likely to violate someone’s rights

9. Plea Bargaining Plea Bargaining Plea Bargaining Involves gaining certain concessions to the defendant in exchange for a guilty plea Involves gaining certain concessions to the defendant in exchange for a guilty plea Both pros and cons to this process Both pros and cons to this process Pros Pros less expensive tan trying a case, system is more efficient, more convictions less expensive tan trying a case, system is more efficient, more convictions cons cons weaker sentences for crimes, prosecutor abusing the system weaker sentences for crimes, prosecutor abusing the system