Unit 5: Pre-Trial (2) – From First Appearance to Plea Bargaining

When must a first court appearance occur?

"Without unnecessary delay" after arrest or within 48 hours

What happens if there’s no probable cause at first appearance?

arrestee is released without charges

What does bail allow a defendant to do?

Secure release from custody before trial

What is a surety bond?

Bail paid by a bondsman for a non-refundable 10% fee

What is release on recognizance?

Release based on a defendant’s promise to appear at trial

When is bail usually denied?

For capital or highly violent offenses

What does the 8th Amendment say about bail?

Forbids excessive bail amounts

Why is the cash bail system criticized?

proportionately affects poorer defendants

What is a grand jury’s role?

To decide if there’s probable cause for indictment.

Who presents evidence in grand jury proceedings?

Only the prosecution —> not the defense

What is an indictment?

A "true bill" issued by a grand jury for trial

What happens at arraignment?

Charges are read, and the defendant enters a plea

What is plea bargaining?

A defendant pleads guilty for a lesser sentence.

What is a nolo contendere plea?

No contest"—the defendant does not admit guilt.

What is the "trial penalty"?

Harsher sentences for those who reject plea bargains.

What must a plea bargain be to be valid?

Voluntary, knowing, and entered in open court