The Trial Process For A Criminal Case

Good Essays

Introduction There are many aspects of the pre-trial process for a criminal case. First step of the process begins with the persons arrest. A suspect is then booked into the system and may be able to post bail. Then comes the arraignment and they maybe a possible plea bargain and then a preliminary hearing if no plea bargain is reached. Two Types of Crimes In Pretrial criminal cases there are two types of crimes, misdemeanors and felonies. There are two events that can occur. One is a criminal complaint and the other is a warrantless arrest. A warrantless arrest can happen if someone commits a crime right in the presence of an officer. The officer does not have time to go get an arrest warrant and go find the suspect. So in this case …show more content…

Some jurisdictions don’t require an initial appearance by the suspect. The suspect should be brought before a judge within a reasonable amount of time, ideally less than 6 hours. The initial appearance advises the suspect of the reason for detainment, their right to have appointed counsel, their protection against self- incrimination. Bail can also be set at this point. The initial appearance is usually a brief hearing. Probable Cause Hearing The 4th Amendment requires that a probable cause hearing be held if an arrest is made without a warrant. The purpose of the probable cause hearing is to determine if there is probable cause to hold a person in custody. To prevent prolonged confinement the probable cause hearing is usually held quickly to determine the validity of the arrest charges. A neutral party needs to determine the validity so that the suspect is not detained unnecessarily as detainment affects their income and family. Bail If someone has been arrested for a minor offense and does not pose a flight risk they may be eligible for pre-trial release. If there is a chance the suspect might not show up for court then they are likely to remain jailed until their court date. To insure that a suspect will show up for their court date they are required to post bail. This is a payment made to the court on behalf of the suspect. The Eighth Amendment states that

Get Access