Pretrial Procedures, Plea Bargains, and the Criminal Trial

Booking

Getting general info about the arrestee

First Appearance

Arrestee gets told of their rights (again) and prosecution tells a little bit of evidence to prove that ‘its possible that you could have committed the crime’. No guilt or innocence. In front of either MDJ or Grand Jury

Arraignment

Same as first appearance, but in front of the court of common pleas. Enter a plea (guilty or not guilty)

Bail

The sum of money or property, specified by the judge, that defendants offer to the court as a condition of their release

What determines bail decision?

1. Danger to the community

2. Flight Risk

What does the 8th amendment say about bail?

forbids excessive bail, but does not guarantee bail

Alternatives to bail?

Release on Reconnaissance (POR)

third party custody, collateral, percentage bail, or a bail bondsman

What is percentage bail?

Allows defendants to pay only a portion of their total bail amount (typically 10%) directly to the court, rather than the full amount, to secure release

Bail Bondsmen?

• Individuals who post bail for a percentage

• Conduct a risk assessment and then front money for their bail

• If the defendant does not show up, they try and find the defendant

Pre-Trial Detention?

If you cannot post bail, you are stuck in jail until your trial

Research has found a correlation between not making or being denied bail and a subsequent conviction

Vior Dire?

Prosecutor, defense, and judge ask questions to determine if a potential juror should stay or be dismissed

Challenges for cause

Removing jurors for a specific reason

Presumptive Cause

Removing a juror for not a specific reason

Each lawyer gets 3