10. Pretrial Proceedings

Question 1

What is the “First Appearance?”

Answer 1

Soon after arrest, a defendant must be brought before a magistrate who will:

1. Advise him of his rights;
2. Appoint counsel, if necessary; and
3. Set bail.

Question 2

What limitations are there on bail?

Answer 2

To comply with the constitutional prohibition on “excessive” bail, the amount should generally be no greater than what is necessary to ensure the accused’s presence at trial; however, bail may be denied, and the accused detained pending trial, based on proof of danger to the community.

Question 3

The government needs ____________________________ that a defendant committed the charged offense to bind him over for trial and to either impose bail or detain the defendant in jail before trial.

Answer 3

Probable cause

Question 4

A preliminary hearing to determine probable cause (sometimes called a Gerstein hearing) is unnecessary if:

Answer 4

1. The grand jury has issued an indictment; or

2. A magistrate has issued an arrest warrant.