Pretrial Procedures, Plea Bargains, and the Criminal Trial

The Process

  1. Arrest

  2. Booking

    1. Getting general info

  3. First Appearance

    1. In front of magistrate District Judge. You become aware of your rights (again), prosecution presents a little bit of evidence say ā€œits possible that you could have committed a crime.ā€

      1. Not guilt or innocence

      2. Or a grand jury if no MDJ

    2. Defense would present a alibi. The MDJ would them make a ruling if it was possible that you could have committed a crime ā†’ bind it over to the court of common plea

    3. Discovery of evidence (Defense getting evidence) does not happen here (no plea bargain)

    4. Happens very quickly. Within 72 hours of arrest

    5. When you get bail (or not)

  4. Arraignment

    1. Same function as the first appearance. It is in front of the court of common pleas.

    2. Court of common pleas 30 - 60 days

    3. Made aware of your rights.

    4. Enter a plea (guilty or not guilty)

  5. Formal Charges

  6. Discovery

  7. Early Resolution

  8. Pretrial Intervention

    1. Motion to suppress

  9. Pretrial hearing

  10. Plea Deal

  11. Deposition

  12. Trial

  13. Sentencing

Bail

Where is a defendant awaiting trial?

  • at home

  • or Pre-trial detention (jail holds everyone (low level offenders vs murders)

Why Pretrial detention? Parts of the bail decision

  • Danger to the community

  • Flight risk

Any issues or concerns with pre-trial detention?

  • two people who committed the same crime can have different bail amounts

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

  • If you come back for court you get your money backā€¦ if not you forfeit that money and the judge will be mad!

8th amendment forbids excessive bailā€¦ but doesnā€™t guarantee bail

  • what is considered excessive?

Study of 19,137 NY defendants offered bail at $1,000

  • 87% could not post it

Kalief Browder: famously charged with stealing a $700 backpack

  • Offered bail, couldnā€™t afford itā€¦ went to a bail bondsmenā€¦ only needed $900ā€¦ still couldnā€™t afford it

  • Spent two years in solitary on Rikers Island

    • Prosecutor kept requesting continuances and the Public Defender was OK because the defense is overworked

    • Attempted suicide 6 times

      • Eventually hanged himself at 22

      • Family filed a civil suit against the NY department of corrections and won 3.3 million

The Issue with bail

  • It is unfairā€¦ the disadvantaged simply are thatā€¦ disadvantaged

Cash-Less Bail Movement

Bail Alternatives and Bail/Bond Agents

Alternatives to Cash bail

  • ROR (release on recognizance): surety (loan), third party custody, collateral, percentage bail, or a bail bondsmanā€¦

  • Percentage bail: If bail is set at $100,000. Bail was actually set at a percentage

What is a bond?

  • bail is the amountā€¦ a bond is a loan

  • You canā€™t afford the amount so you turn toā€¦

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

Canā€™t afford bail or not offered it?

Time between arrest and trialā€¦ in jail

  • Againā€¦ issues or concerns?

Casey Anthony

  • spent over a year in pretrial detention

  • Found not guilty of her serious crimes

    • For the crimes she was found guilty ofā€¦ she was sentenced to time served

Jails hold about 600,000 on any given day

  • average time inside making bail: 30 - 60 days

  • Not making bail: 90 - 180 days

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

Jury Selection

If you go to trial and want a jury trial (vs bench trial)

14 jurors ( 12 and 2 alternates)

based on voter registration or drivers license

Vior Dir: Prosecutor and defense and judge asking questions

  • does anyone know the defendant? (can be dismissed from trial or moved to a different jury pool)

  • Challenges for cause: removing the juror for a specific reason (You said you husband is a police officer, and as a defense i want to remove you)

  • 3 presumptive causes: removing a juror for not a specific reason

  • Both sides are trying to get a jury that would benefit them

If you are selected you must be a juror

for the first 3 days of a trial, you get 9$ per day and free lunch

You job cannot fire you for being on a juror