Law II U3 L5 Pre Trial Process

Initial appearance is

• after an arrest when the suspect is searched, photographed, fingerprinted, and allowed at least one telpehone call

• when the suspect appears before the judge, who informs the suspect of the charges and of his or her rights; this is also when the judge sets bail

• when a group of citizens are presented evidence by the prosecutor. The citizens determine if there is probable cause to believe the defendant committed a crime. If they decide there is probable cause, the process moves on closer to trial

• when the prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial

Booking is

• after an arrest when the suspect is searched, photographed, fingerprinted, and allowed at least one telpehone call

• when the suspect appears before the judge, who informs the suspect of the charges and of his or her rights; this is also when the judge sets bail

• when a group of citizens are presented evidence by the prosecutor. The citizens determine if there is probable cause to believe the defendant committed a crime. If they decide there is probable cause, the process moves on closer to trial

• when the prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial

A grand jury hearing is

• after an arrest when the suspect is searched, photographed, fingerprinted, and allowed at least one telpehone call

• when the suspect appears before the judge, who informs the suspect of the charges and of his or her rights; this is also when the judge sets bail

• when a group of citizens are presented evidence by the prosecutor. The citizens determine if there is probable cause to believe the defendant committed a crime. If they decide there is probable cause, the process moves on closer to trial

• when the prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial

A preliminary hearing is

• after an arrest when the suspect is searched, photographed, fingerprinted, and allowed at least one telpehone call

• when the suspect appears before the judge, who informs the suspect of the charges and of his or her rights; this is also when the judge sets bail

• when a group of citizens are presented evidence by the prosecutor. The citizens determine if there is probable cause to believe the defendant committed a crime. If they decide there is probable cause, the process moves on closer to trial

• when the prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial

Bail is

• a dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings

• the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial

• a judge's order that releases an accused person from jail with the understanding that he or she will return of his or her own will for further proceedings

• when a businessperson agrees, on behalf of an accused person and for a fee, to pay the amount set by the court if the accused fails to appear in court as ordered

Preventive Detention is

• a dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings

• the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial

• a judge's order that releases an accused person from jail with the understanding that he or she will return of his or her own will for further proceedings

• when a businessperson agrees, on behalf of an accused person and for a fee, to pay the amount set by the court if the accused fails to appear in court as ordered

Release on Recognizance is

• a dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings

• the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial

• a judge's order that lets an accused person out of jail with the understanding that he or she will return of his or her own will for further proceedings

• when a businessperson agrees, on behalf of an accused person and for a fee, to pay the amount set by the court if the accused fails to appear in court as ordered

A bail bond agency is

• a dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings

• a group/party that argues for the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial

• a judge's order that lets an accused person out of jail with the understanding that he or she will return of his or her own will for further proceedings

• a business who agrees, on behalf of an accused person and for a fee, to pay the amount set by the court if the accused fails to appear in court as ordered

Judges are supposed to weigh all of the following when considering bail except

• the seriousness of the accused crime

• how likely the defendant may be to commit a crime or attempt to flee if released

• practical factors like if the local county jail has enough space for more defendants

• whether the defendant is guilty of the accused crime or not

Arraignment is

• a prosecutor's promise of concessions in return for the defendant's guilty plea. Concessions can include reduced charges and/or lesser sentences

• when the suspect is brought before the trial court, informed of the charges, and asked to enter a plea

• the stage after a person pleads or is found guilty when the judge decides what the convicted individual's terms of punishment will be

• when the prosecution and defense present their cases for the guilt/innocence of a client to a jury or a judge