Criminal Law: Arraignment to Trial

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22 Terms

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Arraignment

A suspect's first court appearance where they are charged with a crime and plead guilty or not guilty

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72 hours

In Ohio, an arraignment must occur within how many hours after arrest?

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Bail

the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.

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bail bondsman

Bonding agents lend money for a fee to people who cannot make bail. They normally charge a percentage of the bail amount.

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personal recognizance

release from legal custody based on a defendant's promise to show up for trial.

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surrender passport, continue education, drug test, no contact with the victim or potential witness.

Examples of conditions that may be set for a person to be released on bail

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booking

The formal process of making a police record of an arrest

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fingerprint, photo, search, criminal record check, record information about the crime

What takes place at a booking?

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6th Amendment

What amendment guarantees a right to attorney?

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Gideon v. Wainwright

the Supreme Court ruled that state courts are required under the Sixth Amendment to provide counsel (lawyer) in criminal cases for defendants charged with felonies who are unable to afford their own attorneys.

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jail time

Through several court cases, it has been ruled that suspects have a right to an attorney in all cases when faced with this...

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low pay, high case load, lack of time and resources

What issues do public defenders face today?

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preliminary hearing

a hearing to determine if there is probable cause to bring the case to the Common Pleas court. Sometimes called a "bind over"

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grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

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indictment

A formal charge by a grand jury

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7

Out of the 9 jurors on a grand jury, at least how many of them have to agree to indict someone?

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No, they are private proceedings

Are grand juries open to the public?

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To weed out bad cases where there is insufficient evidence

what is the purpose of a grand jury?

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initial appearance

a formal proceeding in Common Pleas court during which the accused is read his or her rights, informed of the charges, and given the amount of bail. This happens after a grand jury indictment

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Pre-Trial Motions

A request made by the prosecutor or defense attorney that the court make a decision on a specific issue before the trial begins. examples: suppression of evidence, change of venue

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True Bill

when the grand jury finds enough evidence to justify a trial (votes to indict someone)

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No True Bill

The decision of a grand jury not to indict a person for a crime.