Formal Process Of Constructing A Police Record Of The Arrest And Arraignment

Their jargon includes a lot of legal terms. Examples include discovery, Writ, continued, PSI, and restitution. Discovery is a formal request by a party in a case to provide them with the information they have on the case. Continuance is rescheduling a case for another day. Restitution is money that the defendant has to pay to the victim. Pre-sentence investigation (PSI) is background investigation done on a person who has been convicted of a crime. A writ of habeas corpus (writ) is an order to transport a defendant to court from their holding facility.

Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.

Next, is the preliminary hearing where defendants are charged in a fashion that is less cumbersome and arguably more protective of the innocent. The hearing is held to determine whether there is probable cause to hold the defendant for trial. The primary purpose of this is to give the defendant an opportunity to challenge the legal basis for his or her detention. The defendant in the B.I.G. trial would have the chance challenge the basis of being held in detention.

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.

“a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is the opposite from the criminal law in many countries, were the accused is considered guilty until they prove their innocence or the government completely fails to prove its case.”

Within due process, offenders that are placed under arrest are hypothetical thought of as innocent until proven guilty. Within the crime control, it is said that the offenders that are detained are guilty and punishment by the law is required.

In the State of New Hampshire when you are arrested and charged with a crime, you will be arraigned by the District Court who has jurisdiction in a 24 hour time frame. Jurisdiction is determined on where the crime occurred, what the crime was, and who committed the crime. During the arraignment a plea is entered or request of a continuance, an attorney will be provided for defendants who cannot afford one on their own, bail set, and a probable cause hearing will be scheduled. If bail is set, this is to encourage the defendant to show up for any future court appearances and may issue restrictions for travel and other activities to avoid having bail revoked (Broderick & Dahar, 2008). If the defendant pleads guilty or no contest, the judge may proceed to a verdict, or the prosecutor and the defense attorney may work out a plea deal if the charge is considered minor. If it is a more serious crime, the judge will move to schedule future hearings.

Anna Offit, a Juris Doctor graduate of the Georgetown University Law Center, talks about how to best improve the Grand Jury. In this clearly structured article, published in a book on legal ethics, she addresses law students and practitioners and helps them get a better knowledge of how the Grand Jury works the way it does and why.

When a delinquent is arrested...he ought regularly to be carried before a justice of the peace...If upon...inquiry it manifestly appears that either no such crime was committed or that the suspicion entertained of the prisoner as wholly groundless, in such cases only it is lawful totally to discharge him. Otherwise he must be committed to prison or give bail; that is, put in his securities for his appearance to answer the charge against him. This commitment, therefore, being only for safe custody, wherever bail will answer the same intention it ought to be taken...Bail is...a delivery or bailment of a person to his sureties, upon their giving (together with himself) sufficient security for his appearance; he being supposed to continue in their friendly custody, instead

The judicial method in a lawless person case differs from a municipal case in several significant ways. At the beginning of a federal criminal case, the primary actors are the U.S. attorney (the prosecutor) and the impressive committee. The U.S. attorney comprises the joined States in most court proceedings, encompassing all lawless person prosecutions. The impressive committee reconsiders clues presented by the U.S. advocate and concludes if there is sufficient evidence to need a defendant to stand test.

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

Motion to dismiss defense may move to dismiss charges if feel prosecution failed to provide adequate evidence.

bailment is over. Liability is usually based off of the type of bailment that is between two parties,

The report consists of a number of important parts. The report must begin with a short summary of the probable cause. It must state

Defining extradition as the surrender by one state to another a person accused or convicted of a crime;