Flashcards in Pretrial Procedures Deck (14)
What rights does an individual have during his first appearance?
1. An appearance before a judicial officer within 24 hours of the arrest,
2. A copy of the complaint, and
3. The appointment of counsel, if the accused is indigent and the accused offense is punishable by jail time
What are the statutorily enumerated grounds for a judge to order pretrial detention?
1. The D was on probation or parole when the offense was committed,
2. The D is charged with drug trafficking,
3. The D is charged with DUI Manslaughter
How many days does the court have to file charges on a D who is in custody after he was arrested?
What are the requirements for a court to accept a guilty plea from a D?
1. The D understands the plea and its significance,
2. The plea is voluntary, and
3. There is a factual basis on the plea
When must the state file a pretrial detention motion?
At the first appearance hearing or within 3 days of such a hearing
What happens during the first appearance?
1. The D is advised of the charges,
2. The D is read his Miranda rights,
3. The D receives a copy of the complaint,
4. The D is advised of his right to counsel.
What are the factors the court considers for pretrial release?
The factors the court considers when the court does Not Want the Defendant to Commit More Crimes are:
1. the Nature of the offense,
2. the Weight of the evidence,
3. whether the D is a Danger to society,
4. the D's ties to the Community and employment status,
5. the Mental state or substance abuse,
6. Criminal history
When can bail be modified?
3 hours after it is set
How much time does a court need to determine whether the state keeps D detained in jail in a non-adversarial hearing?
Within 48 hours or the arrest but the judge can add two 24 hour extensions if need be
What are the two types or preliminary hearings?
Non-adversarial and adversarial hearings
What are non-adversarial and adversarial hearings used?
Non-adversarial hearings are used when the D is in custody and no arrest warrant is issued. Adversarial hearings are used when the D has not been formally charged within 21 days of the arrest.
How are felonies charged?
Felonies are charged by either:
1. an indictment by a grand jury or
2. by information from the state attorney
How are misdemeanors charged?
Misdemeanors are charged by a:
1. notice to appear (summons) or
2. Affidavit (ticket)