The Pre-trial Process, The Grand Jury
and The Bail Process
Course
Court Systems
and Practices
Unit X
Pre-trial
Essential
Question
What happens to
a case between
the time a
person is
arrested and the
time they have
their trial?
TEKS
§130.296(c)
(1)(G)
(4)(B)(E)
Prior Student
Learning
The purpose of
probable cause
in the criminal
justice system
Estimated Time
4 to 5 hours
Rationale
There are lots of decisions made that affect a defendant from the time they
are arrested to the time they go to trial. The defendant’s lawyer will need to
be aware of these decisions so they can best defend their client.
Objectives
The student will be able to:
1. List the order of official proceedings a case goes through before it
gets to trial
2. Identify what decision is made in each proceeding
3. Recognize the different types of bonds
4. Play the role of a judge who has to decide and defend the bail
amount on a specific case
5. Critique other students decisions on the bail amounts set for a
defendant
Engage
Have the students imagine that they are a defense attorney fresh out of law
school that has just been hired by an offender who is currently in jail for a
crime they recently committed. Use the following questions for discussion.
Use the Discussion Rubric for assessment.
What are you going to tell them about the things that will go on in the legal
system in regards to their case from this point until their trial? How are they
going to get out of jail until their trial, and who decides this based on what?
Are there any secret meetings that will be held that they are not allowed to
be a part of that could determine if their case actually goes to trial?
Key Points
I. Entry into the Court System
A. A person enters the court system when they are arrested. An arrest
occurs when adequate evidence exists.
B. Once the person is arrested he or she is taken to jail and booked.
Booking consists of obtaining biographical information about the
defendant (name, address, DOB, etc.), fingerprinting the defendant,
and taking the defendant’s photograph (the mug shot).
C. A police officer (or sometimes the prosecutor) files a complaint
which is the charge.
1. The complaint is a written statement of the essential facts
constituting an offense charged. It is made upon oath before a
magistrate.
2. This is also known as an affidavit.
3. Hearsay can be allowed in a complaint.
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4. If a person is not in custody when an officer has his complaint
signed by the judge, it then becomes a warrant for that
person’s arrest.
II. Visiting with the Judge
A. The first appearance before the judge is called the initial
appearance. During this visit the judge
1. Confirms the identity of the defendant
2. Informs the defendant of various rights such as remaining silent
and having an attorney
3. Gives a date to show up to court for the preliminary hearing
4. Advises the defendant of how much the bail is
B. This happens within 24 to 48 hours of being arrested.
III. Bail
A. Bail is the money or property given as security for a defendant’s
appearance in court. It may be lost if the defendant does not appear
at their court date.
B. Types of Bonds
1. Surety Bond – when a third party agrees to pay the bond
a. The defendant pays a professional bondsman 10 percent
or more of the bond amount in exchange for the
bondsman’s posting the defendant’s bail
b. The defendant does not get the 10 percent back
2. Property Bond – when the defendant pledges a car, house, or
other property to retain release
3. Cash Bond – the defendant puts up his or her own cash to
make bail
4. Personal Recognizance – when a defendant needs only to
promise to appear in court
C. The 8th Amendment does not allow bail to be excessive. The
Supreme Court has ruled that a defendant’s inability to pay the
amount the court has set does not make it excessive.
D. The bail amount can depend on
1. The nature of the crime
2. The defendant’s criminal history
3. Flight risk
4. How much wealth the defendant has
E. Bail can be denied depending on some of the following:
1. The type and nature of the crime
2. Flight risk
3. Protection of the victim or the defendant
IV. Preliminary Hearing
A. The defendant’s second appearance before a judge where the
court determines if probable cause exists to believe the accused
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committed the crime
B. The purpose of the hearing is to have an impartial third party review
the facts to be sure that probable cause exists
C. The preliminary hearing is many times bypassed and the case is
sent to the grand jury
D. The hearing is adversarial and can serve as a source of discovery
for both the prosecutor and defense
E. Other motions to throw out illegally seized evidence, etc. are made
after the preliminary hearing
V. Grand Jury
A. A group of people who routinely meet to determine whether there is
probable cause to believe that defendants committed the crimes
they are charged with
B. Grand Juries are
1. Closed
2. Presented evidence by the prosecutor only
3. Secret
4. Conducted without the defendant present
5. Able to subpoena witnesses to testify and give immunity from
prosecution
C. If the grand jury finds that probable cause does exist, the defendant
is issued a true bill of indictment, or, is indicted
D. If the grand jury finds that probable cause does not exist, the
defendant is not billed and the case is dropped
VI. Arraignment
A. After formal charges have been filed, the defendant is brought to
court for an arraignment
B. The hearing at which the defendant is brought before a judge to
hear charges and to enter a plea
1. The defendant will enter any of the following pleas:
a. Not guilty
b. Guilty
c. Nolo contendere or no contest means, “I do not contest it.”
The defendant neither admits nor denies the charges and
has no intention of defending themselves.
2. A guilty plea
a. Must be voluntarily
b. The defendant must be aware of its implications
3. No plea is the same as a not guilty plea
C. A plea bargain can be announced – a negotiation between the
prosecutor and the defendant’s lawyer in which the defendant
pleads guilty for a lesser punishment so the case does not go to
court. This has to be approved by the court.
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Activities
1. Completion of the Pre-trial Process (open-note) Quiz
2. Have the students write a one-half to one-page paper on the role of the
grand jury. They will describe the importance of the grand jury in the
criminal justice system and why, in their opinion, it is important for it to
exist. If there is additional time, have the students research how often
the grand jury meets in their county and/or have someone who has
served on a grand jury come and speak to the class. Use the Writing
Rubric for assessment.
3. Have the students complete the Bond Activity. Use the Bond Activity
Handout and the Role Play Rubric.
Assessments
Pre-trial Process Exam and Key
Pre-trial Process Quiz and Key
Discussion Rubric
Research Rubric
Role Play Rubric
Writing Rubric
Materials
Pre-trial Process computer-based presentation
Bond Activity Handout
Resources
0766818314, Criminal Law and Procedure (5th Edition) by Daniel E. Hall,
J.D., Ed.D.
0821107321, Introduction to Criminal Evidence and Court Procedure (3rd
Edition) by Julian R. Hanley, Wayne W. Schmidt, and Larry D. Nichols
Accommodations for Learning Differences
For reinforcement, the student will research a high profile case in his or her
local area and track it as it goes through the pretrial process. This may be
done by going to the newspaper or television station websites and back
tracking through the links, if they pick a case that is currently at trial and is
being talked about heavily in the local media. The student can document
decisions made at each pre-trial stage. Use the Research Rubric for
assessment.
For enrichment, the student will research famous cases, see how much the
bail amounts were for the defendants, and describe why he or she thinks
the judge made the decision on the bail amount. Use the Research Rubric
for assessment.
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State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(1)
The student examines the structure of the legal system in the
United States. The student is expected to:
(G)
describe the impact of the grand jury process on court
proceedings;
(4)
The student examines the steps by which a criminal charge is
processed through pretrial, trial, adjudication, and the
appellate stages. The student is expected to:
(B) explain pretrial court proceedings such as rules of
discovery, challenges to evidence, and the bail
process;
(E) identify the trial process from pretrial to sentencing;
College and Career Readiness Standards
Cross-Disciplinary Standards
I. Key Cognitive Skills
A. Intellectual curiosity
1. Engage in scholarly inquiry and dialogue.
2. Accept constructive criticism and revise personal views when
valid evidence warrants.
B. Reasoning
1. Consider arguments and conclusions of self and others.
2. Construct well-reasoned arguments to explain positions or lines
of reasoning.
4. Support or modify claims based on the results of an inquiry.
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Bond Activity Handout
Each student is either given or told one thing from each category. Students will rotate being the
defendant, the judge, and the part of the class who grades the judge’s decision. The student
who plays the role of the defendant will have to go before the student playing the role of the
judge. The judge will need to determine the defendant’s crime, salary, criminal history, and if
they are a flight risk. The judge can ask the defendant these questions; the defendant already
knows these answers based on the information given to him or her by the teacher. The judge
will then determine the bond. The class then becomes a combination of victims, family members
of the defendant and victim, law enforcement officers, and others who each have an interest in
the bond being set higher or lower. After this, the class uses the Debate Rubric to grade how
well the judge defended his or her decision. The bond amount the judge decides on is entirely
up to the student, including denying the defendant bail.
1. Defendant’s Salary and If They Are a Flight Risk
 Unemployed – yes
 Unemployed – no
 $10,000 – yes
 $20,000 – yes
 $20,000 – no
 $30,000 – yes
 $30,000 – no
 $40,000 – yes
 $40,000 – no
 $50,000 – yes
 $50,000 – no
 $60,000 – yes
 $60,000 – no
 $60,000 – maybe
 $70,000 – no
 $80,000 – maybe
 $90,000 – yes
 $100,000 – no
 $100,000 – yes
 $120,000 – maybe
 $150,000 – no
 $200,000 – yes
 $250,000 – maybe
 $500,000 – no
 $750,000 – maybe
 $1,000,000 – yes
 $2,000,000 – no
 $5,000,000 – maybe
 $10,000,000 – yes
 $1,000,000,000 – maybe
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2. Defendant’s Crime
 Class C Misdemeanor Theft
 Class C Misdemeanor Disorderly Conduct (for fighting in public)
 Class C Misdemeanor Gambling
 Class B Misdemeanor DWI
 Class B Misdemeanor Prostitution
 Class B Misdemeanor Harassment
 Class A Misdemeanor Criminal Trespass
 Class A Misdemeanor Assault
 Class A Misdemeanor Burglary of a Vehicle
 Class A Misdemeanor Unlawful Restraint
 Class A Misdemeanor Terroristic Threat
 Class A Misdemeanor Evading Arrest or Detention
 Class A Misdemeanor Unlawful Carrying Weapons
 State Jail Felony Unauthorized Use of A Motor Vehicle
 State Jail Felony Forgery
 State Jail Felony Credit Card Abuse
 State Jail Felony Fraudulent Use or Possession of Identifying Information (Identity Theft)
 State Jail Felony Tampering With Witness
 State Jail Felony Dog Fighting
 Third Degree Felony Kidnapping
 Second Degree Felony Manslaughter
 Second Degree Felony Burglary
 Second Degree Felony Robbery
 Second Degree Felony Sexual Assault
 Second Degree Felony Aggravated Assault
 First Degree Felony Aggravated Kidnapping
 First Degree Felony Sexual Assault
 First Degree Felony Aggravated Robbery
 First Degree Felony Murder
 Capital Murder
3. Defendant’s Criminal History
 None
 None
 None
 None
 Arrested once for a minor crime a long time ago
 Arrested once for a minor crime a long time ago
 Arrested once for a minor crime a long time ago
 Arrested once for a minor crime a long time ago
 Arrested once for a minor crime not very long ago
 Arrested once for a minor crime not very long ago
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



















Arrested once for a minor crime not very long ago
Arrested once for a minor crime not very long ago
Arrested once for a major crime a long time ago
Arrested once for a major crime a long time ago
Arrested once for a major crime a long time ago
Arrested once for a major crime a long time ago
Arrested once for a major crime not very long ago
Arrested once for a major crime not very long ago
Arrested once for a major crime not very long ago
Arrested once for a major crime not very long ago
Arrested more than once for minor crimes
Arrested more than once for minor crimes
Arrested more than once for minor crimes
Arrested more than once for major and minor crimes
Arrested more than once for major and minor crimes
Arrested more than once for major and minor crimes
Extensive
Extensive
Extensive
Extensive
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Name________________________________ Date__________________________
Pre-trial Process Exam
Matching (Part 1):
a) Complaint
b) A warrant
c) The court system
d) Hearsay
e) Booking
_____1. You are arrested for a crime. What are you now entering?
_____2. When you are taken to the jail after being arrested, the police obtain biographical
information about you, fingerprint you, and take your photograph. What are they doing
to you by doing this?
_____3. After you are arrested, the police officer writes a statement of the essential facts
constituting the offense you are charged with. The officer takes it before a magistrate
and presents it under oath. The officer refers to this as an affidavit. What is the officer
presenting?
_____4. What can the officer put in the affidavit that he presents before the judge?
_____5. You commit a crime but are not caught. The police figure you out and file an affidavit
that is signed by the judge. Since you are not in custody, what does the affidavit
become?
Matching (Part 2):
a) Grand Jury
b) Plea bargaining
c) Preliminary hearing
d) Initial appearance
e) Bail
_____6. Now, let’s say you are arrested and in jail. You are waiting to see the judge for the first
time. The judge will actually come to your jail cell to see you. What is this called?
_____7. After the judge first sees you he lets you know that you can be released until your trial
as long as you put up money or property to assure your appearance in court, which can
also be lost if you don’t appear at your court date. The judge says it will be $5,000.
What is he talking about?
_____8. You show up to court and appear before the judge for the second time. The court will
determine if probable cause exists to believe that you committed the crime. What is this
called?
_____9. After all of this, your case is sent to a group of people who routinely meet and will
determine whether there is probable cause to believe that you committed the crime you
are charged with. What are these people called?
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_____10. You know you are guilty for the crime you are charged with and you don’t believe you
stand a chance in the case. You want your defense attorney to negotiate with the
prosecutor for a lesser punishment if you declare you are guilty. What are you doing?
Multiple Choice:
_____11. What type of bond consists of a defendant being released if he or she promises to
appear in court?
a) Surety bond
b) Property bond
c) Cash bond
d) Personal Recognizance
_____12. What type of bond consists of a third party agreeing to pay for the bond?
a) Surety bond
b) Property bond
c) Cash bond
d) Personal Recognizance
_____13. What type of bond consists of the defendant putting up his or her own money to bail
out?
a) Surety bond
b) Property bond
c) Cash bond
d) Personal Recognizance
_____14. What type of bond consists of the defendant pledging a car, house, or other property
to retain release?
a) Surety bond
b) Property bond
c) Cash bond
d) Personal Recognizance
_____15. Which amendment does not allow excessive bail?
a) 4th
b) 5th
c) 6th
d) 8th
e) Both b and d
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_____16. Based on the choices below, what can the bail amount depend on?
I. The nature of the crime
II. The defendant’s criminal history
III. The defendant’s race
IV. Flight risk
V. The defendant’s gender
VI. How much wealth the defendant has
a) I
b) II and III
c) I, II, IV, V
d) I, II, IV, VI
e) I, III, IV, V, VI
_____17. Based on the choices below, bail can be denied to a defendant based on what?
I. The type and nature of the crime
II. Their attitude
III. Flight risk
IV. The criminal history of the defendant’s family members
V. Protection of the victim or the defendant
a) I and II
b) I, III
c) III, IV, V
d) I, III, V
e) I, II, III, IV, V
_____18. What does the judge do during the initial appearance?
a) Confirms the identity of the defendant
b) Informs of various rights such as remaining silent and having an attorney
c) Gives a date to show up to court for their preliminary hearing
d) Advises the defendant of how much their bail is
e) All of the above
_____19. Within how many hours of being arrested does the judge have to see the defendant?
a) 24 hours
b) 24 – 48 hours
c) 48 hours
d) 48 – 72 ours
e) 72 hours
_____20. What is the purpose of the preliminary hearing?
a) To have an impartial third party review the facts to be sure that probable cause
exists
b) To let the prosecutor see how many attorneys the defendant has hired
c) To let the defense attorney learn how much experience the prosecutor has
d) All of the above
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_____21. What is many times bypassed and adversarial, and can serve as a source of
discovery for both the prosecutor and defense?
a) Arraignment
b) Preliminary hearing
c) Grand Jury
d) Plea bargain
_____22. What is closed, secret, and does not have the defendant present?
a) Arraignment
b) Preliminary hearing
c) Grand Jury
d) Plea bargain
_____23. Who is present during the grand jury proceedings?
a) The prosecutor only
b) The defense attorney only
c) Both a and b
_____24. When the grand jury finds that probable cause exists, the defendant is what?
a) True billed
b) Indicted
c) Guilty
d) Released on bail
e) Either a or b
_____25. When the grand jury finds that probable cause does not exist, the defendant is what?
a) True billed
b) Indicted
c) Guilty
d) Released on bail
e) Either a or b
_____26. What is the hearing during which the defendant is brought before a judge to hear
charges and to enter a plea?
a) Arraignment
b) Preliminary hearing
c) Grand Jury
d) Plea bargain
_____27. In what pleas do defendants neither admit nor deny the charges and imply that they
have no intention of defending themselves?
a) Not guilty
b) Guilty
c) Nolo contendere
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_____28. Back to you court case. Let’s say you pled guilty the first time you saw the judge but it
was not something you wanted to do. You felt that you had to plead guilty. Will this
plea of guilty hold up in court?
a) Yes
b) No
_____29. Based on the answer you gave for number 28, why is that the correct answer?
a) A guilty plea has to be voluntary
b) A guilty plea does not have to be voluntary
_____30. No plea is the same as what?
a) Not guilty
b) Guilty
c) Nolo contendere
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Pre-trial Process Exam Key
1. C
2. E
3. A
4. D
5. B
6. D
7. E
8. C
9. A
10. B
11. D
12. A
13. C
14. B
15. D
16. D
17. D
18. E
19. B
20. A
21. B
22. C
23. A
24. E
25. B
26. A
27. C
28. B
29. A
30. A
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Name________________________________ Date__________________________
Pre-trial Process Quiz
1. When does someone enter the court system?
___________________________________
2. What consists of obtaining biographical information about the defendant, fingerprinting the
defendant, and taking the defendant’s photograph?
___________________________________
3. What is a written statement of the essential facts constituting an charged offense that is
made upon oath before a magistrate—can also be known as an affidavit?
__________________________________
4. What can be allowed in the affidavit?
__________________________________
5. If someone is not in custody when the judge signs an affidavit, what does it become?
__________________________________
6. What is the first appearance before a judge where the judge confirms the identity of the
defendant, informs of various rights such as remaining silent and having an attorney, gives a
date to show up to court for their preliminary hearing, and advises the defendant of how
much their bail is?
__________________________________
7. Within how many hours of being arrested does the judge have to see the defendant?
__________________________________
8. What is the money or property given as security for a defendant’s appearance in court that
can be lost if the defendant does not appear at the court date?
__________________________________
9. What type of bond consists of a third party agreeing to pay for the bond?
___________________________________
15
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10. What type of bond consists of the defendant pledging a car, house, or other property to
retain release?
__________________________________
11. What type of bond consists of the defendant putting up their own money to bail out?
__________________________________
12. What type of bond consists of a defendant being released if they promise to appear in court?
__________________________________
13. Which amendment does not allow excessive bail?
__________________________________
14. What can the bail amount depend on?
a)
b)
c)
d)
__________________________________
__________________________________
__________________________________
__________________________________
15. Bail can be denied to a defendant based on what?
a) __________________________________
b) __________________________________
c) __________________________________
16. What is the defendant’s second appearance before a judge where the court determines if
probable cause exists to believe the accused committed the crime, is many times bypassed,
is adversarial, and can serve as a source of discovery for both the prosecutor and defense?
__________________________________
17. What is the purpose of the preliminary hearing?
___________________________________________________________________
___________________________________________________________________
18. What is a group of people who routinely meet to determine whether there is probable cause
to believe that defendants committed the crimes they are charged with; they are closed and
secret, and the defendant is not present?
16
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__________________________________
19. Who is the only attorney present during the grand jury proceedings?
__________________________________
20. When the grand jury finds that probable cause exists, the defendant is what?
a) __________________________________ or
b) __________________________________
21. When the grand jury finds that probable cause does not exist, the defendant is what?
__________________________________
22. What is the hearing at which the defendant is brought before a judge to hear charges and to
enter a plea?
__________________________________
23. In what pleas does the defendant neither admit nor deny the charges and imply they have no
intention of defending themselves?
__________________________________
24. What must a guilty plea be?
__________________________________
25. What is a no plea the same as?
__________________________________
26. What is a negotiation between a prosecutor and the defendant’s lawyer where the defendant
pleads guilty for lesser punishment so the case doesn’t go to court?
__________________________________
17
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Pre-trial Process Quiz Key
1. When he or she is arrested
2. Booking
3. Complaint
4. Hearsay
5. A warrant
6. Initial appearance
7. 24 – 48 hours
8. Bail
9. Surety bond
10. Property bond
11. Cash bond
12. Personal recognizance
13. 8th
14. a) The nature of the crime
b) The defendant’s criminal history
c) The flight risk
d) How much wealth the defendant has
15. a) The type and nature of the crime
b) The flight risk
c) Protection of the victim or the defendant
16. Preliminary hearing
17. To have an impartial third party review the facts to be sure that probable cause exists
18. Grand Jury
19. The prosecutor
20. a) True billed or
b) Indicted
21. No billed
22. Arraignment
23. Nolo contendere
24. Voluntarily
25. Not guilty
26. Plea bargaining
18
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
20
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Name:____________________________________
Date:_____________________________
Role Play Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
21
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
22
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