Module 5

Question 1

A strip search can never be conducted for traffic or misdemeanor arrests.

Answer 1

• False (Correct Answer / Your Answer)

Question 2

While in the arresting officer’s custody, a prisoner must be treated humanely, which may include ________.

Answer 2

• addressing the person by name (Correct Answer / Your Answer)

Question 3

A prisoner’s right to consult with an attorney may be denied _________.

Answer 3

• if the suspect poses an imminent danger of escape (Correct Answer)

Question 4

After arrest, the arresting officer must take the prisoner, without unnecessary delay (normally ___ hours), before a judge in the county of arrest for a formal hearing.

Answer 4

• 48 (Correct Answer / Your Answer)

Question 5

Defendants in jail have a right to a trial within ___ days of being taken into custody.

Answer 5

• 120 (Correct Answer)

Question 6

A defendant must be at least ___ years of age before pleading guilty without being represented by counsel (except in fine-only cases).

Answer 6

• 18 (Correct Answer / Your Answer)

Question 7

Most offenses are “bailable”, but there are exceptions which include __________.

Answer 7

• Capital offenses (Correct Answer / Your Answer)

Question 8

The preliminary hearing is to determine _________.

Answer 8

• if probable cause exists (Correct Answer / Your Answer)

Question 9

In the proceedings to commence prosecution, the form of charge shall state the victim’s _______

Answer 9

• name
• initials
• description
• all of the above (Correct Answer / Your Answer)

Question 10

Any person appearing before the Grand Jury has the right to be accompanied by counsel, who shall advise the defendant of his rights and lead the cross-examination of any witnesses presented by the state.

Answer 10

• False (Correct Answer)

Question 11

At arraignment, the judge may ___________.

Answer 11

• allow the defendant to enter a plea of “not guilty”
• dismiss the case
• allow the defendant to enter a plea of “guilty”
• all of the above (Correct Answer / Your Answer)

Question 12

A strip search may be conducted during a traffic or misdemeanor arrest in cases involving _________.

Answer 12

• the potential concealment of weapons or controlled substances (Correct Answer / Your Answer)

Question 13

Which of the following rights must be afforded to a prisoner in custody?

Answer 13

• Right to remain silent (Correct Answer / Your Answer)

Question 14

The common exceptions to the “Speedy Trial Act”, which may cause the trial date to be postponed, include pre-trial fitness hearings and court-granted continuances which are requested by the defendant.

Answer 14

• True (Correct Answer / Your Answer)

Question 15

Except for “fine only” cases, every accused person who is indigent has a right to court-appointed counsel before pleading to criminal charges.

Answer 15

True

Question 16

Most offenses are “bailable”, but there are exceptions where the court, after a hearing, determines that the release would pose a real and present threat to the physical safety of another person(s) in general and in the following instances:

Answer 16

• Stalking
• Terrorist threat
• Aggravated stalking
• All of the above (Correct Answer / Your Answer)

Question 17

A grand jury consists of _____ persons, _____ of who are necessary to constitute a quorum.

Answer 17

• 16/12 (Correct Answer / Your Answer)

Question 18

Which of the following rights must be afforded to a prisoner in custody?

Answer 18

• Right to food
• Right to humane treatment
• Right to shelter
• All of the above (Correct Answer / Your Answer)

Question 19

A prisoner has the right to _________ consultations with his/her attorney.

Answer 19

• unlimited (Correct Answer / Your Answer)

Question 20

Defendants awaiting trial while out on bail have a right to a trial within ___ days of being taken into custody.

Answer 20

• 160 (Correct Answer / Your Answer)

Question 21

A defendant must be at least 17 years of age before one may plead guilty without being represented by counsel (except in fine only cases).

Answer 21

• False (Correct Answer / Your Answer)

Question 22

When a defendant is charged with a felony offense and in custody, the defendant shall receive either a preliminary hearing examination or an indictment by a Grand Jury within ____ days ( ___ days if on bail or recognizance) from the date the person was taken into custody.

Answer 22

• 30/60 (Correct Answer / Your Answer)

Question 23

In the proceedings to commence prosecution, the form of charge shall state the _______

Answer 23

• name of the offense (Correct Answer / Your Answer)

Question 24

At arraignment, the judge may ___________.

Answer 24

• dismiss the case (Correct Answer / Your Answer)

Question 25

If a prisoner is transferred to a new place of custody, the right to communicate with an attorney or family does not renew.

Answer 25

False (Correct Answer/your answer)

Question 26

Upon the arresting officer’s presentation of a prisoner before a judge, the judge will inform the prisoner of _____.

Answer 26

notice of and a copy of the charges - his/her right to counsel - the amount of bail - all of the above (Correct Answer/Your Answer)

Question 27

_______ are often conditions of a bail bond.

Answer 27

Restricted travel - Compliance with state statutes/laws - Appearing in court when required - All of the above (Correct Answer/Your answer)

Question 28

A defendant may ________ a preliminary hearing.

Answer 28

waive his/her right to (Correct Answer/Your Answer)

Question 29

At arraignment a defendant does not have the right to consult with counsel before pleading to a criminal charge, but may request an attorney for representation.

Answer 29

False (Correct Answer/Your Answer)

Question 30

When a prisoner has been arrested pursuant to an “out-of- county” arrest warrant, the accused cannot waive his/her right to appear before a judge in the county of arrest and subsequently be surrendered to an agency in the county where the warrant was issued.

Answer 30

• False (Correct Answer / Your Answer)

Question 31

Before a strip search may be conducted, the officer must obtain written permission from the “police commander” or other person designated by the agency to authorize strip searches.

Answer 31

True (Correct Answer / Your Answer)

Question 32

In the proceedings to commence prosecution, the form of charge shall state the _______

Answer 32

* names of the accused * county of the offense * name of the offense * all of the above (Correct Answer / Your Answer)

Question 33

Any person appearing before the Grand Jury has the right to be accompanied by counsel, who shall _______.

Answer 33

• advise the defendant of his rights (Correct Answer / Your Answer)