A Preliminary Hearing: A Stage Of The Pretrial Process

The United State Constitution and state constitutions, as well as criminal rules of procedure for state courts, provide that Bert can be held for only a limited time on the basis of an arrest and criminal complaint. In order for the court to continue holding a Bert in custody, the court must conduct the preliminary hearing within the amount of time prescribed by state law and issue a formal charging instrument, sometimes referred to as"criminal information." If the preliminary hearing is not conducted within the time prescribed Bert must be released. Then if Bert has been released on bail or "own recognizance" ("OR"), the court can conduct the preliminary hearing at a later time. However, the preliminary hearing must occur within a reasonable time after arrest. An unreasonable delay violates Bert's federal constitutional sixth amendment right to a speedy trial. If Bert is arrested or charged in a criminal complaint and the prosecutor's office or the court does not schedule the preliminary hearing until months or years later, the case can be dismissed because of the delay. The judge must review the circumstances of the delay and determine whether the delay was unreasonable and, therefore, violated Bert's constitutional right to speedy trial. Bert's preliminary hearing is somewhat like a mini trial. The prosecution

The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the

Prosecutors often prefer this procedure because grand juries keep the case in secret. When an information is filed by prosecutors, it is required that they convince a judge in preliminary hearing that the evidence obtained is liable and sufficient to guarantee a conviction. In contrast, this is not presented

Once arresting, officers must inform “the accused” that he has the right to remain silent, anything he says can and will be used against him in the court of law. He has the right to an attorney or have an appointed attorney if she cannot pay for one; and have an attorney present during questioning. If he wants to assert these rights, he must affirmatively say so. The process of reading the defendant his rights should take no more than five minutes. Within forty-eight after an arrest, he must be taken before a judge. The judge must inform the accused of the charges against him and whether there is an affidavit supporting the charges. The judge also must inform the defendant of his rights as well. The initial appearance before a judge can last anywhere between one to two hours. Next there are time limits on filing charges. If he cannot post bond and remains in jail, the prosecutor must file charger against him by complaint, which can take fifteen to ninety days for any felony. Then the prosecutor must file the charges against him by complaint. If he is not in jail, then the prosecutor

Respondent, Killeen Independent School District (“KISD” or “District”), submits its response (“Response”) to Petitioners’ Motion Requesting Evidentiary Hearing and Ruling on Statue of Limitations (“Motion”) and the District’s Motion to Dismiss (“MTD”) Petitioners’ understood Motion to Toll the Statute of Limitations in the above-entitled and numbered case.

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

After the accident, Plaintiffs acted hostile towards Avey and his new home. This hostile behavior, which continued for nearly a year, is evident throughout Plaintiffs’ original petition calling the house

This occurs prior to the official trial and will often determine whether the suspect will be detained with or without bail. “The Judge must make sure the accused understands the charges, explain the rights the accused has in the particular situation the accused is in, explain the type of sentence and penalty the accused faces, and will discuss bail, release, or custody with the accused.” (The Law Dictionary, n.d.) During this step of the criminal justice process, the defendant has the right to receive adequate representation. After some time, the suspect will face the judge again during the actual trial. When the trial begins, the prosecution and defense will present their opening statement to the jury. This process is meant to be an opportunity for each party to give an overview of the case and the means in which they intend to present the case. A key point regarding the opening statement is it cannot be considered as evidence by the jury. Evidence will be presented by both parties and thoroughly examined by the jury. Towards the end of the trial, the prosecution and defense will give their closing arguments. This is a summary of the case and presented in a manner to show support for their side of the case. During this step of the criminal justice process, the defendant has the right to a public trial, a jury trial, a speedy trial, and to be represented by an attorney. A

The court could choose either a preliminary hearing or a grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. A preliminary hearing is utilized to figure out whether there is sufficient evidence against John to go to trial. An appropriate approach to look at a preliminary hearing is to consider it a mini trial. It is the place the judge will permit "rumor" evidence. The

During a Gagnon case hearing, a defendant will have two Gagnon hearings. The Gagnon I hearing is referred to as a preliminary hearing. (Lento, 2017) The Gagnon I hearing will most commonly take place at the probation or parole office. The Gagnon I hearing is informal; however, the hearing will be conducted in the presence of a hearing officer. Defendants are entitled to a Gagnon I, which is the pre-revocation hearing; therefore, the due process requires a determination of a pre-revocation hearing. Antonie, 2017) During Gagnon I hearing, the probation officer must prove that probable cause exists and the defendant has violated probation conditions. (Antonie, 2017) Defendants are afforded the Gagnon I hearing to protect against unlawful detention, and it serves as an additional safeguard for those that are on probation or parole.

An initial appearance is the first contact with the judge that a person has after committing a crime where they are quickly reviewed on the charges being made against them, their bail options, constitutional rights among other court information. During the initial appearance, the judge provides the defendant with a criminal complaint copy. In the copy, the charge or charges are listed with the maximum probable penalty in case of conviction. It is also at the initial appearance that the judge makes the first likely cause determination. In other words, the judge scrutinizes the complaint to gauge whether if the claims made by the State surely confirm if the defendant committed the offenses that he is charged for. The judge also enlightens the defendant of his /her right to counsel, especially if he/she is not represented y an attorney. When a defendant is in charge with felonies, then the judge enlightens him/her preliminary hearing right (Lorch, 2010).

Well, a defense is entitled to request an evidentiary hearing at the time of sentencing, but you do have to give notice of that if you wanted to present testimony at the time of the sentencing.

The most important thing that happened to me this reporting period is that I was able to witness the plea bargaining process and hearing. This was the first time I was in the courtroom. I think it is very interesting how the process takes places. I did not necessary understand the language used in the hearing as it was a property case about the purchase of a radio station. However, it was still interesting to view how the defense attorney and the prosecutors interacted. In this case, I think the prosecutor did an excellent job of cross examining the witness. As we with the plea bargaining, the process was pretty much the same from case to case. It took approximately 15 to 20 mins per case. The defendant verified his identity, the prosecutor

Next is the preliminary hearing. This is where the judge hears the evidence and from the

Enforcing the European Union legal system is diverse and done on multiple platforms; through not only actions taken against member states for breach of their obligations, but also, for example, through the use of direct effect1. Article 267 TFEU; an organism devised to practice private enforcement of EU law before national courts, has been critical to ensure uniform interpretation and application of EU law in member states. References for preliminary rulings occur when the national courts are presented with a question of EU law due to uncertainty of the provision. The national court will therefore ‘make a reference to the Court of Justice (COJ) to obtain a preliminary ruling on any point of EU law relevant to the proceedings’2. In