Pretial Procedures

Question 1

Does the accused have a right to be present at grand jury hearings?

Answer 1

No

Question 2

Chronological Timeline of Pre-Trial Events

Answer 2

1- Indictment/Information

2- Bail Hearing

3- Prelim Hearing

4- Arraignment

5- Plea bargaining

6- Collateral Attacks on Guilty Please after Sentencing

Question 3

The decision to plead guilty requires

Answer 3

intelligently and voluntarily made, D must understand:

1- nature of the charge against him

2- maximums sentence and mandatory minimums

3- fact that he has a right to not plead guilty

4- that pleading guilty waives a jury trial

Question 4

Nolo Contendre

Answer 4

1- D foregos a trial but doesn’t plead guilty

2- the plea cant prove guilt in subsequent civil or criminal cases

Question 5

When can a D enforce his plea bargain?

Answer 5

Once the court accepts the plea

Question 6

When is a D who pleads guilty allowed to file a collateral attack?

Answer 6

1- when the P fails to keep a promise

2- when the court lacks jurisdiction

3- when ineffective assistance of counsel occurs