Crim pro Flashcards
Courts jurisdiction
Which crimes go to who
Circuit courts – felonies and felony w/attached misdemeanors
County courts – misdemeanors only
Felony v. misdemeanor
Time in prison
Felonies: 1+ year / death
Misdemeanor: less than 1y
Right to counsel
When is D entitled to it
if there is ANY possibility of jail
Right to counsel
exception
D is not entitled to counsel when there is an order of no incarceration.
Def: written order from judge certifying they would not impose jail if D is convicted.
Pre-trial procedures
Big picture steps
- Arrest (or arrest warrant)
- First appearance (if applicable)
- Pre-trial release
- PC determination
- Charging documents
- Arraignment
Arrest
Requires probable cause (PC) and can ocurr by:
1. a physical arrest
2. Arrest warrants/capias/bench warrant
3. Notice to appear in lieu of physical arrest (NTA)
Arrest warrant
aka capias/bench warrant
Order to arrest someone
Notice to appear in lieu of physical arrest
NTA
Only in misdemeanors and below
- it allows the defendant to sign it, and not be physically arrested. Instead, by signing you are promising to appear
- Note: this counts as an arrest! (but you skip the trip to jail)
- If you refuse to sign, you are taken to jail
First appearance
Def- time frame
Is the first pre-trial procedure for D that is in custody (has been physically arrested)
Must happen w/in 24h of the arrest.
Failure to do so entitles D to release (does not bar prosecution)
Note: if D had a NTA, they are not physically arrested
First appearance
Requirements
D must
1. be told charges
2. have an atty
3. have a right to remain silent
4. be provided w/atty if they cannot afford one
5. have a right to contact family (one call)
6. be told the conditions of their release
2-6: “mini-miranda rights”
+ if possible, judge makes a non-adversarial probable cause determination
Pre-trial release
Definition
Accussed are entitled to release except :
1. life imprisonment/death sentences
2. proof of guilty is evident or the presumption of guilt is great
3. No conditions of release can reasonably assure D’s appearance and community safety
Pre-trial release
Types
You can get release by:
1. bail bond: refundable - bondsperson fee
2. cash: refundable
3. Release on recognizance (ROR)
4. Additional restrictions on D’s liberty during pre-trial release
Bail bond
Pre-trial release
A bondsman puts the $$ amount set to get out of jail and you also pay them a fee for their service (which is non-refundable and can only charge you up to 10% of the $$)
ROR (release on recognizance)
Pre-trial release
No monitoring conditions, this allows you to leave jail w/promise you will return for hearings/trial on your own
Additional restrictions on D’s liberty during
Pre-trial release
i.e. travel ban outside the county/state/country; no contact w/victim, etc.
If you violate these additional restrictions, a judge can issue an arrest warrant for you
