The Road To Trial

It’s a long and winding road…

and sometimes a bit confusing.

1. Crime

• First there has to be a crime.

2. Arrest

You are arrested when you are “seized” by law enforcement. You are under arrest when you are taken into custody and are not free to leave.

1.Arrest Warrant- Court order that a person may be taken into custody based on alleged crime.

2.Probable Cause- Reasonable belief that a person has committed a crime.

3. Booking

Booking The accused is photographed, finger printed…finger nails clipped, handwriting samples are taken, blood samples and, urine tests are given.

4. Interrogation

• Miranda rights are read to you.

• You are questioned about your involvement in the crime for which you are under arrest.

5. Arraignment

• Formally charged with a crime.

• Make your plea.

• Court date is set.

• Bail is set.

• Not like this…

5 ½ . Pleas

Guilty SentencingNot Guilty TrialNolo Contendere (No Contest) Similar to a

guilty plea, however this plea cannot be used against the defendant in a civil trial.

5 ¾. Bail????

Bail can be offered as collateral to assure the court you will return for trial…

Bail is based on the crime in question, your ability to pay, and risk of flight.

• Bail Bondsmen

• Personal Recognizance

6. Preliminary Hearing & Grand Jury

Used to determine whether or not there is enough evidence to continue with a trial in a felony case.

A Grand Jury decides whether there is probable cause for an indictment.

7. Pretrial Motions

Suppression of Evidence (Exclusionary Rule) Evidence that is seized illegally cannot be used against the defendant during trial. (Mapp v. Ohio)

Change of Venue

Continuance

8. Plea Bargaining

Granting concessions to the defendant in exchange for a guilty plea.

The State: Saves time, money, and other resources. (95% of felony cases are plea bargained.)

The Defendant: Usually will receive reduced charges and a lighter sentence.

In the news

When all else fails…

• There is a trial.

• This is meant to insure that the accused gets due process.

• The accused is innocent until proven guilty.

• Burden of proof is on the government.

• Beyond a reasonable doubt.

• Unanimous decision.

9. TRIAL

Big Daddy

Yo Yo Ma

10. Sentencing

To Be Continued. . .

Or?...