Chapter 13 – Proceedings Before Trial
• Booking – is the formal process of
making a police record of the arrest, and
includes fingerprinting, photographs and
possibly fingernail clipping, DNA swabs
and handwriting samples.
• Initial Appearance – Shortly after
booking, a judge should explain the
charges and rights and possibly set bail.
• If the crime is a felony, a plea will not be
entered until an arraignment takes place.
Chapter 13 – Proceedings Before Trial
Chapter 13 – Proceedings Before Trial
• Preliminary Hearing – This is used to
determine weather or not there is probable
cause that the defendant committed the
crime.
• Grand Jury – If the Judge at the
Preliminary Hearing dismisses the case,
the prosecutor can ask for a Grand Jury to
look at whether if there is enough
evidence to go to court. If this is a federal
case, the Grand Jury must issue an
indictment, before the case goes to trial.
Chapter 13 – Proceedings Before Trial
• Pretrial Motions – A motion is a formal
request for a court to make a ruling or take
some other action. Before the trial a
defendant may ask the judge dismiss the
case, to look at the prosecutors evidence
or to have some evidence excluded.
• Plea Bargaining – In most cases, after
the arraignment or the indictment, a
defendant will plea to a lesser charge.
This allows prosecutors to be assured jail
time, and reduces the risk of a larger
sentence for defendants.
Chapter 13 – Proceedings Before Trial
Bail – Bail is used to assure the court that the
defendant will return for trial. When you show up for
court, your money is refunded. A bail bonding
company may pay the money for you for a fee, and
that company is also responsible if you do not show
up. Judges can also use Personal Recognizance to
allow people to leave and return on their will, or they
may set other requirements, such as the defendant
will get a job or turn over their passport.
Chapter 13 – Proceedings Before Trial
What would you do?
Name: Marta Garcia
Charge: Possession of crack cocaine
Residence: Lives alone with no family or references
Employment: Unemployed
Education: 11th Grade
Criminal Record: Five juvenile arrests, two adult arrests for
which probation was served.
Comments: Defendant was arrested while leaving a train
station carrying a suitcase containing a large quantity of crack
cocaine, and drug tests were positive.
Chapter 13 – Proceedings Before Trial
What would you do?
Name: Gloria Hardy
Charge: Prostitution
Residence: Lives alone.
Employment: Call girl service, earns $1,500 weekly
Education: H.S. Degree
Criminal Record: Five arrests, two for prostitution and is
currently on probation.
Comments: Vice detectives allege that defendant is involved in
catering to wealth clients.
Chapter 13 – Proceedings Before Trial
What would you do?
Name: Stanley A. Wexler
Charge: Possession and sale of crack cocaine
Residence: Lives with wife and two kids.
Employment: Self employed owner of a drugstore, worth
$250,000
Education: Advanced degrees in pharmacology and business.
Criminal Record: None.
Comments: Arrested at his store by undercover police after
attempting to sell a large quantity of crack cocaine. Alleged to
be a big-time dealer. No indication of drug use.
Chapter 13 – Proceedings Before Trial
What would you do?
Name: Michael D. McKenna
Charge: Assault
Residence: Lives Alone
Employment: Waiter, earns $200 a week.
Education: 10th Grade
Criminal Record: Six juvenile arrests (including one for
firearms) and adult burglaries.
Comments: Arrested after being identified as assailant in a
street fight. Alleged leader of a street gang. Police consider him
dangerous. No indication of Drug Use. Lives on his own, and
parents are in prison.