Pretrial Procedures

Question 1

Initiation of Federal Felony Charges

Answer 1

Must be initiated by INDICTMENT BY A GRAND JURY

Unless D waives indictment

Question 2

What Does an Indictment Require?

Answer 2

PROBABLE CAUSE to believe D committed the crimes charged

Question 3

Initiation of State Charges

Answer 3

States can choose whether to proceed by:

(1) Grand jury; or
(2) An Information

Question 4

What is an Information?

Answer 4

When the prosector just files the charges with the court clerk

Question 5

Proceedings by Information

Answer 5

Must have PRELIMINARY HEARING BEFORE NEUTRAL JUDGE to determine whether there is PROBABLE CAUSE

Question 6

Proceedings Before the Grand Jury

Answer 6

Can consider evidence that has been illegally obtained and hearsay evidence

D has no right to testify or call witnesses

Witnesses do not have right to counsel within grand jury room

Proceedings held in secret

Does not have to be unanimous

Question 7

Test for Competence to Stand Trial

Answer 7

Test:
(1) Whether D COMPREHENDS NATURE OF PROCEEDINGS against them; and

(2) CAN ASSIST LAWYER in defending the case

If D is competent, also competent to plead guilty and waive right to trial

Question 8

Valid Guilty Plea

Answer 8

D must knowingly and intelligently waive various trial rights

Question 9

Plea Allocution

Answer 9

If D wants to plead guilty, judge must:

(1) inform D of rights and ensures D understands those rights
(2) Inform D of possible sentences
(3) Inform D of immigration consequences
(4) Make sure there is factual basis for the plea
(5) Determine that plea did not result from force, coercion, threats, or promises

Question 10

Bail

Answer 10

General Rule: Bail available unless D poses a flight risk or danger to the community

Eighth Amendment forbids excessive bail

There is a presumption in favor of bail