chapter 10- the pretrial process

arrest

police take you in if a judge thinks there’s a good reason

initial appearance

first court meeting after arrest. judge tells you why you’re arrested, decides bail, gives a lawyer, and sets next date

bail

money you pay to promise you’ll show up in court

snowball effect

if you can’t pay bail, being stuck in jail can mess up your life and make punishment worse

preliminary hearing

judge or grand jury checks if there’s enough evidence to go to trial

arraignment

court meeting where you hear the charges and say if you’re guilty or not guilty

bench trial

trial with just a judge, no jury

jury trial

trial with judge and jury; jury decides guilt

release on recognizance (ROR)

the judge lets you go free without paying bail, based on your promise to come back because you’re seen as low risk

full cash bail

you pay all the bail money upfront

deposit bail

pay 10%, and a bail agent pays the rest

conditional bail

bail comes with rules like going to rehab

unsecured bond

you pay nothing upfront, but owe all the money if you skip court

factors for bail

judge looks at flight risk, danger to others, and money

preventive detention

judge keeps you in jail because you might run away or be dangerous

discovery

sharing evidence before trial so there are no surprises

material evidence

evidence that could change the case

reciprocal discovery

if one side shares witnesses, the other side must too

exculpatory evidence

evidence showing you might be innocent.  prosecution must share it; defense can hide it if they’re not using it

defense discovery rights

you can force witnesses and evidence to help you

restrictions on defense discovery

if you break the rules, your witnesses or evidence might not be allowed

alibi

proof you were somewhere else when the crime happened

grand jury

23 citizens decide if there’s enough evidence to charge someone

true bill

grand jury says yes, charge them

no bill

grand jury says no, don’t charge

preliminary hearing by judge

judge checks if enough evidence exists to charge you; sets a trial date if yes

8th amendment (bail clause)

bail can’t be ridiculously high

pretrial detainee

someone in jail because they can’t pay bail or were denied it

waiving preliminary hearing

you can skip the hearing if you want, but prosecuter might say no

personal recognizance (PR)

you are released based on your reputation, community ties, or good record showing you’ll return for trial