Module 5 Flashcards
A strip search can never be conducted for traffic or misdemeanor arrests.
• False (Correct Answer / Your Answer)
While in the arresting officer’s custody, a prisoner must be treated humanely, which may include ________.
• addressing the person by name (Correct Answer / Your Answer)
A prisoner’s right to consult with an attorney may be denied _________.
• if the suspect poses an imminent danger of escape (Correct Answer)
After arrest, the arresting officer must take the prisoner, without unnecessary delay (normally ___ hours), before a judge in the county of arrest for a formal hearing.
• 48 (Correct Answer / Your Answer)
Defendants in jail have a right to a trial within ___ days of being taken into custody.
• 120 (Correct Answer)
A defendant must be at least ___ years of age before pleading guilty without being represented by counsel (except in fine-only cases).
• 18 (Correct Answer / Your Answer)
Most offenses are “bailable”, but there are exceptions which include __________.
• Capital offenses (Correct Answer / Your Answer)
The preliminary hearing is to determine _________.
• if probable cause exists (Correct Answer / Your Answer)
In the proceedings to commence prosecution, the form of charge shall state the victim’s _______
- name
- initials
- description
- all of the above (Correct Answer / Your Answer)
Any person appearing before the Grand Jury has the right to be accompanied by counsel, who shall advise the defendant of his rights and lead the cross-examination of any witnesses presented by the state.
• False (Correct Answer)
At arraignment, the judge may ___________.
- allow the defendant to enter a plea of “not guilty”
- dismiss the case
- allow the defendant to enter a plea of “guilty”
- all of the above (Correct Answer / Your Answer)
A strip search may be conducted during a traffic or misdemeanor arrest in cases involving _________.
• the potential concealment of weapons or controlled substances (Correct Answer / Your Answer)
Which of the following rights must be afforded to a prisoner in custody?
• Right to remain silent (Correct Answer / Your Answer)
The common exceptions to the “Speedy Trial Act”, which may cause the trial date to be postponed, include pre-trial fitness hearings and court-granted continuances which are requested by the defendant.
• True (Correct Answer / Your Answer)
Except for “fine only” cases, every accused person who is indigent has a right to court-appointed counsel before pleading to criminal charges.
True
Most offenses are “bailable”, but there are exceptions where the court, after a hearing, determines that the release would pose a real and present threat to the physical safety of another person(s) in general and in the following instances:
- Stalking
- Terrorist threat
- Aggravated stalking
- All of the above (Correct Answer / Your Answer)
A grand jury consists of _____ persons, _____ of who are necessary to constitute a quorum.
• 16/12 (Correct Answer / Your Answer)
Which of the following rights must be afforded to a prisoner in custody?
- Right to food
- Right to humane treatment
- Right to shelter
- All of the above (Correct Answer / Your Answer)
A prisoner has the right to _________ consultations with his/her attorney.
• unlimited (Correct Answer / Your Answer)
Defendants awaiting trial while out on bail have a right to a trial within ___ days of being taken into custody.
• 160 (Correct Answer / Your Answer)
A defendant must be at least 17 years of age before one may plead guilty without being represented by counsel (except in fine only cases).
• False (Correct Answer / Your Answer)
When a defendant is charged with a felony offense and in custody, the defendant shall receive either a preliminary hearing examination or an indictment by a Grand Jury within ____ days ( ___ days if on bail or recognizance) from the date the person was taken into custody.
• 30/60 (Correct Answer / Your Answer)
In the proceedings to commence prosecution, the form of charge shall state the _______
• name of the offense (Correct Answer / Your Answer)
At arraignment, the judge may ___________.
• dismiss the case (Correct Answer / Your Answer)
If a prisoner is transferred to a new place of custody, the right to communicate with an attorney or family does not renew.
False (Correct Answer/your answer)
Upon the arresting officer’s presentation of a prisoner before a judge, the judge will inform the prisoner of _____.
notice of and a copy of the charges
- his/her right to counsel
- the amount of bail
- all of the above (Correct Answer/Your Answer)
_______ are often conditions of a bail bond.
Restricted travel
- Compliance with state statutes/laws
- Appearing in court when required
- All of the above (Correct Answer/Your answer)
A defendant may ________ a preliminary hearing.
waive his/her right to (Correct Answer/Your Answer)
At arraignment a defendant does not have the right to consult with counsel before pleading to a criminal charge, but may request an attorney for representation.
False (Correct Answer/Your Answer)
When a prisoner has been arrested pursuant to an “out-of- county” arrest warrant, the accused cannot waive his/her right to appear before a judge in the county of arrest and subsequently be surrendered to an agency in the county where the warrant was issued.
• False (Correct Answer / Your Answer)
Before a strip search may be conducted, the officer must obtain written permission from the “police commander” or other person designated by the agency to authorize strip searches.
True (Correct Answer / Your Answer)
In the proceedings to commence prosecution, the form of charge shall state the _______
- names of the accused
- county of the offense
- name of the offense
- all of the above (Correct Answer / Your Answer)
Any person appearing before the Grand Jury has the right to be accompanied by counsel, who shall _______.
• advise the defendant of his rights (Correct Answer / Your Answer)
