Pretrial Procedures

Question 1

Preliminary Proceedings

Answer 1

After a defendant’s arrest, various preliminary proceedings are held. Depending on the jurisdiction, these pretrial proceedings can include the following:

Hearing to determine probable cause to detain (Gerstein hearing)
Initial appearance
Arraignment
Detention or bail hearing
Preliminary hearing to determine probable cause
Some of these proceedings may be combined, and some may not be required. In addition, the defendant may make various motions, including motions to suppress evidence obtained in violation of the defendant’s constitutional rights.