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.