day 3: criminal process Flashcards
complaint
the written statement of facts alleging that an offense has been committed and that the defendant committed it: The Who, what, and where and how (top of complaint summons/warrant)
probable cause
an offense has been committed and the person accused probably committed it
certification
to affirm to tell the truth: only requires signature of person certifying
oath (both)
to swear to tell the truth: requires signature of person swearing to the oath and person administering the oath
basis for probable cause (CAST)
- complaint 2. affidavit 3. sworn testimony
judicial determination of probably cause I needed on
- all warrants 2. if the complaining witness is a private citizen
ACCEPT:
to complete the top section (complaint section) of a complaint/summons or warrant/summons. “accept for filing”
ISSUE:
to issue a complaint or find probable cause on the complaint by means of a summons or warrant.
form of process
summons(CDR-1) or warrant (CDR-2)
who can serve a UTT or special complaint and summons
law enforcement officer, and code enforcement officer if its within the scope of the authority and jurisdiction
law enforcement contacts judicial officer who:
- determine probable cause 2. decides form of process-warrant-is criteria met? 3. makes a bail determination only if the offense is a petty disorderly offense
3:3-1(e)
mandatory warrant
7:2-2(e)
outlines circumstances where warrant may be issued -if meets criteria, put on a warrant -if not officer puts on a summons warrant criteria
who issues the complaint when probably cause is found?
whoever finds it signs it. the judicial officer who finds the probable cause issues the complaint
3:3-1(e) criteria
mandatory warrant
1. murder
2. aggravated manslaughter
3. aggravated sexual assault
3. robbery
5. carjacking
6. escape
7. attempting to commit any of the above crimes
8. where the defendant has been extradited from another state for the current charge
7:2-2(e) (f.o.r.d)
(TIP; you can’t afFORD to get a warrant)
warrant criteria
1. Failure to appear in past
2. Outstanding warrant
3. Reason to believe defendant will f.t.a
4. Danger to self or others
who can authorize a arrest warrant by telephone
ONLY A JUDICIAL OFFICER! A LAW ENFORCEMENT OFFICER CAN NOT
issuance of complaint warrant (cdr-2)
a cdr-2 may issue if the judicial officer finds that probably cause exists and the factors in rule 7:2-2(e) apply
if judicial officer does not find justification for a warrant under rule 7:2-2(e) the judicial officer may issue a summons
(if you do not find prob cause always get a second opinion from a judge)
who has authority to set bail?
court judge
when authorized by JMC court administrator
authorized by JMC deputy court administrator
is bail ever set on a summons?
NEVER EVER NO
a court admin or deputy may set bail if :
if authorized by judge
if judge is absent
only on a warrant for petty disorderly person offenses or for a bench warrant
bail schedule 2
bail schedule 1
superior court judges only (serious offenses) NOT for municipal court judge/admin/deputy
bail schedule 2
municipal court judge
authorized court admin
authorized deputy court admin
3:26-1 & 7:4-1
bail criteria (right to bail)
factors to consider whom setting bail
