Federal Court Procedures Flashcards
What is the Federal Court system order? Highest to lowest
Supreme Court
Circuit Courts of Appeals
District Courts
Magistrate Courts
A felony must be trailed in what court?
U.S District Court
Does a Magistrate Court need to get the defendants consent to try a infraction?
No
Does a Magistrate Court need the defendant consent to try a class A misdemeanor?
Yes.
What happens if the defendant doesn’t consent to try a Class A misdemeanor in a U.S Magistrate Court?
Its trailed in a U.S District Court
What is a class A misdemeanor?
6 months to a 1yr
What is a Class B misdemeanor?
6 months or less
What is a Class C misdemeanor?
30 days or less
For what offense can you get only 5 days or less?
Infractions
What is the Information legal document?
A written statement of charges formally accusing the defendant that is filed by an AUSA. P/C for warrant on a misdemeanor.
An arrest warrant may be obtained with what?
Criminal Complaint
Indictment
Information
An arrest warrant requires the defendant to appear in court to answer to what?
Criminal Charges
What happens at the initial appearance?
The magistrate judge advises defendant of the charges and their rights
What hearing will determine if the defendant will be held without bail?
Detention Hearing
Who will determine whether the defendant will be held without bail?
Magistrate
If a defendant is arrested in the District where the crime occurred where must the initial appearance be?
In the same district. No other options if this is the case.
How can the initial appearance occur in the adjacent district?
If the adjacent district can occur more promptly than in district of arrest or…
Adjacent district if it is the District where crime was committed AND can have initial appearance on same day.
What is full diplomatic immunity?
Diplomats cannot be arrested or prosecuted for any criminal actions.
What should you do if you encounter a Diplomat?
DETAIN and contact the Department of State to VERIFY the Diplomatic status.
What do you do if Diplomatic status has been verified?
Do no arrest
Investigate and prepare an incident report
If the arrested foreign national’s country of origin is on the mandatory notification list of the Vienna Convention on Consular Relations (VCCR) then the arresting officer should…
Notify the foreign national’s consular officials without delay.
What is the purpose of a preliminary hearing?
To determine whether PC exists to continue the defendants case.
What is a reason why a preliminary hearing will not be held?
If defendant waives it (the defendant may waive the preliminary hearing)
or if the defendant was indicted by a grand jury.
What is the purpose of a Grand Jury?
Determine if PC exists
Conduct criminal investigations
Grand Jury can only investigate what kind of matters and in which districts?
Criminal matters only in the districts where they sit.
Can a Grand Jury subpoena be used to investigate offenses that have already been indicted?
NO! Would need a search warrant or should’ve been done before indictment.
For what can Fed and state LEOs be given access to Grand Jury matters?
For purpose of enforcing Federal criminal law.
For what can another AUSA be given access to Grand Jury matter?
For the purpose of enforcing Federal Criminal law.
Can another Grand Jury be given access to Grand Jury matters if they are in another district?
Yes.
If a capital offense is being tried in a district court what is the minimum charging document?
Indictment
If a non-capital offense felony is being tried in a district court what is the minimum charging document?
Indictment, unless waived.
If waived then it will be done by Information.
Under Rule 16, the defense gets what upon request?
Most statements made by the defendant (written or recorded)
Who conducts pre-sentencing investigation (PSI) and writes pre-sentencing report??
U.S. Probation Officer
What is a summons?
Issued by a judge, served on a defendant, and requires that the defendant appear before court at a stated time and place.
What is rule 5a?
States that upon arrest, suspect must be taken to initial appearance before a magistrate judge without necessary delay
IF Cack was arrested in District B for working a pole to hard on a Monday night in District A , can the initial appearance be in District C (Adjacent to B)?
Yes.
Can be a adjacent district if the initial appearance can occur more promptly in the adjacent district.
IF Patt was arrested for committing a crime (indecent exposer of man boobs) in District A and arrested in District A could he be tried in District B? (. ) ( .)
No.
When the defendant is arrested in any district other than the one in which the crime occurred it must be done in that same district.
