Pre-trial Rights And Procedures

Question 0

Speedy trial

Answer 0

Attaches once D is accused where possible sentence is more than 6 months.

Question 1

Bail

Answer 1

D entitled to individualized hearing to see if bail should be granted.

Question 2

Right to plead guilty

Answer 2

D can only plead guilty if voluntary and intelligent.
Judge makes sure D understands:
1. charges against him,
2. possible sentence,
3. that he has right to plead not guilty, and
4. if plead guilty waives his right to jury.

Question 4

Prosecutions required to disclose evidence

Answer 4

Pros must disclose exculpatory E when the E creates a reasonable doubt.
Pros failure to disclose likely result in new trial.

Question 5

Double jeopardy

Answer 5

Not apply in grand jury.
Attaches when jury sworn or when first witness is sworn when no jury.
Lessor included offense and same facts prove both offenses still prohibited to try bc double jeopardy.
* Not apply to mistrial.