5. Pretrial procedures Crim pro Flashcards
(42 cards)
Initial Appearance
Under Georgia law, when a person is arrested on a warrant, he must be brought before a committing judicial officer within 72 hours after the arrest.
At this event, the accused must be notified of the date and time of the commitment hearing. If not given this date and time, he must be released.
Arraingment/Preliminary or Probable Cause Hearing under Georgia Law
Under Georgia law, a commitment hearing determines if there’s enough evidence to require the defendant to answer charges in court. If an indictment is returned, the commitment hearing is not needed.
Grand Jury Rights in Georgia;
In Georgia, if bail is denied, a defendant has the right to a grand jury hearing within 90 days. For death penalty cases, this period can be extended by another 90 days. If this time expires without a hearing, the defendant must be granted bail.
Information under Georgia law
Under Georgia law, an information is referred to as an accusation. In order to proceed by accusation on felony charges, the defendant must waive his right to a grand jury presentment.
Does the Fifth Amendment right to a grand jury exist in federal felony cases?
Yes.
Can an accused waive a grand jury hearing?
In federal court, the accused can waive a grand jury hearing except in capital offenses.
How many people are composed of a federal grand jury?
A federal grand jury is composed of between 16 and 23 persons, with 12 needed to agree to issue an indictment.
Can special grand juries investigate unlawful activity on their own?
Yes.
Are Grand Juries conducted in secret?
Yes.
What is the grand jury’s power?
The grand jury has the power to:
* subpoena evidence
* subpoena testimony
Can an accused challenge a grand jury subpoena?
No.
Can a criminal defendant be compelled to produce documents?
Yes, if immunity is granted.
What is transactional immunity?
Transactional immunity completely protects the witness from future prosecution for crimes related to his or her testimony.
What is ‘use and derivative use’ immunity?
‘Use and derivative use’ immunity prevents the prosecution from:
* using the witness’s own testimony
* using any evidence derived from the testimony against the witness.
Can an accused present, confront witnesses, or introduce evidence in a federal grand jury proceeding?
No.
Does a grand jury witness have a right to counsel?
No, except for consultation outside the grand jury room.
Do Miranda warnings have to be given to potential defendants testifying at a grand jury proceeding?
No.
Are grand jury witnesses sworn?
Yes.
What is an information?
A formal accusation filed by a prosecutor without a grand jury, often used for misdemeanors.
What is booking?
Booking generally occurs when a defendant first arrives at the police station or jail, involving photographing, fingerprinting, and informing of charges.
Are booking procedures protected by the Fifth Amendment?
No.
What is a bail hearing?
An individualized hearing to determine whether bail should be granted or denied.
What is the purpose of a bail hearing?
To ensure the presence of the defendant at trial.
Is a bail hearing considered a stage where the defendant has a right to counsel?
No.
