Chapter 13: Proceedings Before Trial Flashcards

1
Q

booking

A
  • process of making record of your arrest

* fingerprinting and picture taking

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2
Q

preliminary arraignment/ initial appearance

A

• 1st time you go before a judge

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3
Q

if a felony

A
  • charges explained
  • informed of rights
  • bail may be set
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4
Q

if a misdemeanor

A
  • charges explained
  • informed of rights
  • bail may be set
  • plea will be entered
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5
Q

bail

A
  • amount of money paid to be released
  • promise to show at next court date
  • if fail to show, warrant for your arrest and they keep the money
  • if show, get most of money back
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6
Q

bail in pa

A
  • bail required to be set except for capitol offense or max sentence (life in prison)
  • juveniles dont get bail
  • in 8th amend
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7
Q

how to post bail

A
  • full amount in cash
  • bail bondsman
  • personal recognizance
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8
Q

bail bondsman

A

puts up bail but usually charges 10%

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9
Q

personal recognizance

A

non monetary bail

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10
Q

preliminary hearing

A
  • see if theres enough evidence to stand a trial in front of judge
  • burden of proof on prosecutor
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11
Q

grand jury

A
  • no longer used in pa
  • prelim hearing 2.0 in front of jury
  • federal and some states
  • in 5th amend
  • indictment
  • no true bill
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12
Q

indictment

A

• enoygh evidence to hold trial

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13
Q

no true bill

A

• not enough evidence to hold trial

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14
Q

formal arraignment

A

• where defendant enters plea

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15
Q

rulings of formal arraignment

A
  • guilty: no trial, stright to sentencing
  • not guilty: set trial date
  • nolo contendere: no contest
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16
Q

nolo contendere

A
  • doesnt admit guilt or contest charges
  • straight to sentencing but doesnt admit guilt
  • cant use arguement in civil court
  • pa: judge and dea can ok
17
Q

pretrial conference

A

• where you make formal request to the court

18
Q

pretrial conference motions

A
  • motion for discovery of evidence - see evidence
  • motion for a continuance - more time
  • motion for change of venue
  • motion to supress evidence