Pretrial Procedures and Rights Flashcards
a GJ indictment is
a written accusation of charges against D issued by a GJ after it reviews pros’s ev
rt to indictment by GJ is guaranteed
in all fed felony cases
fed GJ composed of __ people, __ of whom must agree to indict
16-23/ 12
accused rt to know a GJ is considering an indictment against him
none
an information is
a written accusation of charges filed in the name of the st by a pros based on info submitted by po or private citizens
-alternative to indictment, where one is not req or has been waived
booking is
when D first arrives at po station or jail.
fingerprinting, pics, informed of crim charges, phone call
prelim hearing is
adversarial procedure (rt to counsel attaches)
used to determine PC to prosecute
-D may raise any defenses
-if D doesn’t have a right to one, he’ll get a PC hearing if arrested w/o a warr or indictment.
-can be waived by D
arraignment is
D is given formal notice of the charges against him
advised by the ct of his rights
-D answers the indictment, D pleads, elects trial by jury
on what grounds can D attack his guilty plea after sentencing
illegal sentence
lack of jurisdiction
ineffective assistance of counsel
Violation of the right to a speedy trial =
dismissal of all charges against D
right to a speedy trial attaches
once a D is “accused” - usu when arrested. Pre-arrest delays rarely violate 6A
pros has a right to compel what in discov
alibi defense
Upon req from D, Pros must disclose in discov
exculpatory info
to get a new trial based on failure of pros to disclose exculpatory info, D must prove
nondisclosed ev was actually exculpatory
he was unable to obtain such ev on his own
MD: cons right to indictment by GJ
doesnt exist
