What will happen if you get arrested!

1. What will happen if you get arrested!

2. Oh man Mr. Mason I just got arrested! What is going to happen to me now?

3. Booking • After arrest you will be taken to the police station for booking. • It is the formal process of making a police record of the arrest. • Will be asked information, fingerprinted, photographed. Possibly might include DNA or drug tests.

4. Arraignment • If it is a felony case you will have an arraignment hearing. • You will be advised of what you are beingaccused of. • Depending on the nature of the crime this may occur at the same time as the plea hearing

5. Bail • An arrested person can usually be released from prison on bail, except in certain circumstances such as seriousness of crime or flight risk. • Bail paid directly to court as insurance that person will show up for court. • May need to put up entire amount or a percent of total.

6. Bail • If you do not show up for court the bail bond is forfeited. • If you can not afford you bond you may want to locate a bail bonding company

7. Bail Bonds • A bail bonding company will put up your bond in exchange for a fee. • For example a defendant with a bond of $2,000 may be released after paying $200 to a bonding company. • If you do not show up the company will be out the entire bond and then they will send the dog after you.

9. Personal Recognizance • The judge may release you based on your promise to return for court. • In considering this request the judge would look at the type of crime, ties to the community and other factors. • Can be other requirements such as get and maintain a job

10. Arguments for and against bail • For • a. • b. • Against • A. • B.

11. Preliminary Hearing • This is a screening device. • It is used to evaluate whether or not there is enough evidence to have a trial. Guilt or innocence is not decided here. • Judge is looking for probable cause • Case can still go to a grand jury

12. Grand Jury • Is a group of 16-23 people charged with deciding if there is enough evidence that a person committed a crime for them to stand trial. • In order for you to stand trial there must be a grand jury indictment

13. Only the prosecutor can present evidence or call witnesses. A defendant and his lawyers may not be present. • All that is needed is a majority of the jury

14. Plea hearing/ Felony Arraignment • After you are indicted you will be required to appear in court and enter a plea. • If you plead guilty the judge will schedule a sentencing hearing. • If you plead not guilty the judge will set a trial date and ask if you want a jury or bench trial.

15. Pretrial motions • Motion- a formal request for a court to make a ruling or take an action. • Examples- discovery of evidence, continuance, change of venue, dismiss charges, and suppress evidence

16. Exclusionary Rule • Allows the judge to throw out evidence if it was gained illegally

17. Plea Bargaining • Most criminal cases never go to trial • In felony cases this will sometimes occur when the prosecution and defense make a deal for the defendant to plead guilty to a lesser charge. • Allows the government to avoid the time and expense of a long trial. • Defendant may get a lighter sentence.

18. Time for the Trial!