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The Pre-Trial Process

The Pre-Trial Process. Pre-Trial Process. Charges dropped OR “Guilty” plea. Trial. Booking. Formal process of making a police record of arrest Accused asked to provide: N ame, address, DOB, place of employment, and details of previous arrests, fingerprints, photograph

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The Pre-Trial Process

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  1. The Pre-Trial Process

  2. Pre-Trial Process Charges dropped OR “Guilty” plea Trial

  3. Booking • Formal process of making a police record of arrest • Accused asked to provide: • Name, address, DOB, place of employment, and details of previous arrests, fingerprints, photograph • Misdemeanors: defendant asked for plea • Felony: does not offer plea until arraignment

  4. Bail • An amount of money put up by a defendant to be released from jail. • Purpose of bail is to assure the court that a defendant will return for trial. • Entire amount may be required, or in some places, defendant may be released after paying just a portion of total amount (ex: 10%) • Bond companies

  5. Personal Recognizance • Eighth Amendment: “excessive bail shall not be required.” • What is “excessive?” • Some states developed programs to release w/o requiring money • Release on “personal recognizance:” defendant must promise to return and must be considered a low-risk for skipping trial

  6. Preliminary Hearing • Used in felony cases • Determines if there is enough evidence to require a defendant to stand trial • Prosecutors must establish... • A crime has PROBABLY been committed • The defendant PROBABLY did it • Case can proceed to trial OR be dismissed

  7. Grand Jury • Group of 16-23 people who determine whether there is reason to believe if a person committed a crime and should stand trial. • Fifth Amendment: Before anyone can be tried for a serious crime, there must be a grand jury indictment. • Judges are not present and rules of evidence don’t apply. • Prosecutors prefer grand juries!

  8. Felony Arraignment & Pleas • After an indictment is issued, defendant required to issue a plea in court. • Defendant is “arraigned” by the court. • “Guilty” • Judge sets a date for sentencing • “Not guilty” • Judge sets a date for trial • Defendant chooses jury trial or “bench trial” (no jury)

  9. Pre-Trial Motions • Motion for discovery of evidence • Request to exam evidence in possession of prosecutor • Motion for continuance • Request seeking more time to prepare a case • Motion for change of venue • Request to change location of the trial to avoid community hostility • Motion to suppress evidence • Request that certain evidence not be allowed

  10. Plea Bargains • Defendant agrees to plead guilty to one or more charges in exchange for a more lenient sentence OR so that certain charges are dismissed. • Defendants will often agree to plead guilty to a lesser charge than one for which he/she could stand trial • Over 90% of criminal convictions • Thus, less than 10% go to trial

  11. Plea Bargains (cont’d)

  12. Answers to Pre-Trial Quiz • 1.) B • 2.) C • 3.) B • 4.) C • 5.) C • 6.) D • 7.) A • 8.) C • 9.) C • 10.) A

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