Charge is Effective Pretrial when Gerstein Flashcards
Charge
Charge = separate + essential fact applied to RCW element + signed by prosecutor
Effective
Effective Motion Escort
(1) Effective counsel = right at every stage != R. probable different outcome
(2) Motion for severance = no bias
(3) Escort != prison clothes != cuffed in jury’s presence
Pretrial
Pretrial Due Confrontation
(1) Pretrial confrontation = right to counsel = line up + show up, but not moving pictures
(2) Due Process != > somewhat suggestive, unless unnecessarily and compelling reason
(3) Confrontation clause = right, but not absolute to confront witnesss
Gerstein
Gerstein Arraignment Bail
(1) Gerstein = no warrant = evaluate PC w/48
(2) Arraignment = 14 days from first appearance or indictment
(3) Bail != excessive, unreasonable = subjective; capital, flight risk, prevent serious crime, or other interference