Crim Pro Dates

Question 1

First appearance

Answer 1

24 hours after arrest

Question 2

An application to modify bond made by either party.

Answer 2

At least three hour notice to attorney or defense

Question 3

Pretrial detention hearing

Answer 3

Within five days of motion for pre-trial detention, or defendant’s arrest pursuant to the motion, which ever is later (plus continuances up to five days)

Question 4

Pretrial detention hearing probable cause final order

Answer 4

24 hours after hearing

Question 5

Non-adversary probable cause a termination for defendants in custody

Answer 5

Within 48 hours of arrest (two 24 hours extensions total 96 hours of arrest)

Question 6

Non-adversary probable cause a termination for defendant outside of custody because of significant restraint and liberty

Answer 6

Motion within 21 days of arrest judge must make a determination of probable cause within 7 days of arrest

Question 7

Adversary probable cause of determination

Answer 7

21 days of arrest

Question 8

First deadline for filing charges

Answer 8

30 days after arrest

Question 9

Defendant released if no charges filed

Answer 9

33 days after arrest

Question 10

Maximum deadline for filing charges a good cause

Answer 10

40 days after arrest

Question 11

Defendants right to receive a copy of the charges

Answer 11

At least 24 hours required to plead can be waived by D entering a plea

Question 12

Occurrence of arraignment

Answer 12

Anytime after D is formally charged

Question 13

Motion to withdraw plea of bar guilty without reserving the right to appeal may file

Answer 13

30 days after rendition of sentence only on limited grounds (lack of subject matter jurisdiction, violation of a plea agreement, involuntary plea, or sentencing error).

Question 14

Demand for a speedy trial

Answer 14

Before 60 days after formal charges filed

Question 15

Misdemeanor trial must begin (no speedy trial demand)

Answer 15

90 days after arrest

Question 16

Misdemeanor trial must begin (speedy trial demand)

Answer 16

50 days after demand

Question 17

Motion to perpetuate testimony

Answer 17

Must be made after the filing of an indictment or information. A proper motion shall be granted if filed more than 10 days before trial. The court has discretion to deny an otherwise proper motion if it is filed within 10 days before trial.

Must show that the witness lives be on the territorial jurisdiction of the court or is an able to attend trial. The motion must be supported by affidavits of credible persons.