The Trial Process For A Criminal Case

The next step is to determine if bail should be granted to the individual or if the individual should be placed in pretrial detention. The question of bail may be present in situations such as an arraignment or preliminary hearing. If the judge chooses to place the individual under bail, then several factors must first be considered, including what the bail will be. When determining what to set the defendant's bail at the judge may be limited by the excessive bail provision that is stated within a state’s law or the constitution (Ingram, 2009). That being said, the law also states that certain crimes are not eligible for bail. Some states include a list of offenses in which they believe the individual who committed them, should not be allowed to have a bail issued. One interesting fact that I found was that once a bail has been set the defendant may pay the bail with cash or other things of monetary value. Of course, money is almost always required, but at times other things may be accepted. For example, stocks and bonds or real estate holdings within a court’s jurisdiction are accepted as a monetary

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 court could choose either a preliminary hearing or grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. Preliminary hearing would indicate that John Doe was arrested and a complaint issued or filed with the Ocean County of where the violation occurred. Thus, prompting the judicial process: i.e. Preliminary hearing, plea, and trial. Grand jury would entail the officer or ADA presents the Grand Jury with the facts or probable cause of reasons why John Doe was arrested. Grand Jury could hear testimony from the officer and witnesses associated with the case. Once the facts are presented the Grand Jury would have an opportunity to ask questions. After the hearing, the Grand Jury would be requested to vote and either issues a true bill of indictment or find a no bill for Mr. John Doe.

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

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 &

Release of an accused pending trial on the accused’s written promise to appear at all required court proceedings is a mode of pretrial release known as the accused’s personal recognizance.

The United States Pretrial Services is a Federal Judicial System. This system provides more information about defendants in a small timely matter, to assist the court in making release and detention decisions. The Federal Bail Reform Act of 1966 was primarily focused in making this decision fairer and rational on the release of defendants on the least and restrictive conditions that would assure the defendants appearance at trial when required. The Bail Reform Act eliminates the courts reliance on money as the sole purposed of pretrial release. The release and detention must be base sole based in nonappearance or danger risk. Therefore, the United States Pretrial Services as intended by Congress, provides judicial officers with verified and

It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence.

The law enforcement officers will only need reasonable suspicion to stop an individual so they can question them about their suspicious behaviors, they also will search the suspects for a weapon that can cause bodily harm to them or to themselves. Before the Law Enforcement can search the suspects house that’s when Probable cause come into place. They must obtain a search warrant before they can search the suspect property and they must have a very good of searching the defendant’s property.

Before a person is arrested the police usually need a probable cause to arrest them, or a solid reason to arrest someone. The same goes with the police coming to your house to search it, they need a warrant, or a signed piece of paper signed by a judge. In order to get this paper they need proper evidence or else it

The First Appearance- this is the step where someone is brought before the judge and the defendant is informed of the charges that against him or her, rights advisement, right to have a lawyer or if they can’t afford one , then they have one chosen to represent them, and if possible have the right for bail. This pretrial activity takes place in a magistrate court. Probable cause determination is when a judicial officer will look and check police documents and make sure they obtained reasonable evidence that can be supported in the cause of the arrest. If probable cause is not presented in the court then the defendant is released. Probable cause determination is a key part in the first appearance.

The suspects remain there until they appear before a judge, or they post a jail bail bond. Bail Money Bail Bonds provides insured bail bonds for people arrested throughout the state.

The first step in what can be a lengthy process through the criminal justice system is arrest. Once a crime is committed, law enforcement opens a case and immediately begins looking for a suspect. One a suspect has been located they are placed under arrest by law enforcement and taking to the local corrections facility for holding. Placing an individual under arrest is a process that must be followed accurately and maintain the rights of the arrestee and the officers. Probable cause or proof is needed to make an arrest. Amendments in the Constitution protect the arrestee from illegal search and seizure and also against cruel and unusual punishment. Once a person is lawfully arrested then they must appear before a judge before being allowed release on bail bond. The posting of a bond allows the defendant to go through the court process without having to stay in a county jail. If the bond cannot be posted, the defendant will

If the defendant does not waive their right to a probably cause hearing, the District Court will listen to evidence from the prosecutor and the defense will try to show that there is no probably cause to get case dismissed. If the judge determines there is probable cause to proceed the case is then given to the grand jury for review. The Grand Jury will hear

During an arraignment, a criminal defendant is taken to a lower court where he faces a judge. Similar to initial appearance, the defendant gets to hear of the charges leveled against him as well as the possible criminal sentences for his offenses. The criminal defendant is also told his rights including his right to a fair trial. The criminal defendant can choose a trial by jury or a bench trial whereby the judge gets to determine the verdict. The criminal defendant also gets a right to have an attorney whose main duty is to defend him. In case the defendant cannot afford an attorney, then he is allowed to request for a public defender. Generally arraignment and initial appearance are the same