Case Study: Arraignment

Before any method of release is accepted for the defendant, a pretrial release hearing takes place. If the arrestee doesn't pose a significant risk of flight, and has only been arrested for a relatively minor offense. If the arrestee doesn't pose the threat, then they are eligible for pretrial release. In the pretrial release hearing a bail decision is made. There are three different methods that can be used to release a defendant prior to a hearing. Those methods are, bail, own recognizance, and preventive detention. When it comes to the release form of bail, it can be described as, releasing an accused person, with the promise that they will appear to trial, if not they will pay the court with a specific sum of money or property. The federal law provides that, " upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death" ( Siegel &

This might seem like a basic question, but it's one that's asked frequently. When someone has been arrested, the court wants to ensure that they'll return. Bail is security that is provided to the court that will guarantee the person shows up for all their court appearances.

So, you are sitting in jail and want to go home until your court hearing. What do you do now? How do you go about arranging bail? Who do you call and what needs to be done? These are all questions that must be answered if you intend to post bail and possibly go home and wait until your trial. Hopefully, this article will shed some light on the bail bond process and let you know what to expect if you ever find yourself in this unfortunate situation.

Everything starts with a judge issue an arrest warrant. Arrest warrant must include a probable cause that someone committed a crime, as well as person name, a description of the offense, date, name of officer to whom the warrant is directed and signature issuing magistrate.. However, arrest warrant does not give the officer permission to search a premises, it is issue for person’s arrest. Arrest is define as “the taking of a person into custody for the commission of an offense as the prelude to prosecuting him for it” (Ferdico, 2013). After an arrest a person is taking into custody, and the law enforcement officer usually make sure that the person understand the reason for the arrest and provide a copy of arrest warrant to the arrested person. Short after a person is taken into police custody and have the right to speak with attorney. In next step is a scheduled court hearing the judge will make sure that the defendant understands the charges. If defendant is proven guilty beyond a reasonable doubt than at sentencing hearing the judge will enter a sentence.

the charge can also be plea-bargained to a lesser charge. There is an arraignment if a guilty plea is

During booking it consists of recording the arrest in official law enforcement records, fingerprinting, and photographing the accused. If the accused is up for bail they can post bail at this time. If bail is not posted, the accused will be searched and placed in jail until he or she does post bail or until final prosecution takes place. A more thorough search may be made at the time of booking to search for weapons or evidence that may have been missed (p. 86).

Preliminary hearing-counsel interrogates witnesses and all parties make arguments then judge decides the ultimate findings of probable cause

COMES NOW the Plaintiff, the State of Kansas ex rel. Schmidt, and submits this reply and memorandum in support of its motion for an order dismissing this action. For the reasons previously stated and as further supported herein, Plaintiff is entitled to an order dismissing this action as a matter of right. Plaintiff further states:

With a bail hearing within 24 hours of being arrested, where a judge decides if a person can be released on bail, and if so, how much the bail will cost. There are several factors that go into the decision, and several factors that you can use to reduce the required amount, or consequently, increase it. Knowing how to implement these factors into your case could be the difference between waiting at home and waiting in a jail cell, and the best way to implement them is by having an experienced criminal defense attorney at your

Following the arraignment the trial is the next phase. Spending on the crime committed the trial will either occur in front of a judge who will make the ruling on the case or in front of a jury. The next step will be where the prosecutor presents their case. This will be done by calling witnesses and presenting evidence to the court. The defense presents their case next and after this is concluded the trial is concluded.

2. Accused sent to jail or released on bail: If a person is arrested and he does not pay bail, he will have to go to jail or prison until his trial. This can last anywhere up to one week, to a month depending on the court's docket. If a person pays out bail they give the court the money, and when they show up for court they give that money back.

7.  The Defendants still have not explained the falsified paperwork submitted to the FHA to obtain a loan we otherwise would not have qualified for. The falsified paperwork for a loan's criteria we did not fit, could have only led to one party getting a free home and that party is not the Plaintiffs.

The arraignment isn't only for Bail determination. The litigant will likewise find when their case will be listened. This date and its closeness or separation from the current date tells the respondent and legal advisor the amount time the customer will need to use in prison, or at home. Amid this time they will both plan for the date ahead. All customers would like the chance to get a sensible Bail sum with the guarantee that, the length of they give installment they can be discharged all alone recognizance just to report over to court on their

The arraignment will usually be help anywhere from two week to a month from the date of the release. If the suspect were to remain in custody of the police at that point he will be transported to the court by the county or city facility in which he or she is being held.

Bail means that after someone has been charged they are free from police custody until the next stage of the process of the case (trial). The custody officer has the power to either decide if bail is granted or not. If the officer refuses to grant bail they must present the case to magistrate court soon as possible.