pretrial

Question 1

securing D’s appearance after arrest by warrant

Answer 1

bail hearing

Question 2

securing D’s appearance after warrantless arrest

Answer 2

magistrate issues warrant of summons after he determines lawful arrest and PC

Question 3

what is a bail hearing

Answer 3

after arrest by warrant

Question 4

exceptions to when bail is granted

Answer 4

PC to believe arrestee will not appear

unreasonable danger to arrestee or public

Question 5

bail requirements

Answer 5

reasonable

consider nature of crime, weight of EV, past criminal history

Question 6

when does D not get a preliminary hearing

Answer 6

misdemeanors

Question 7

felony preliminary hearing - arrested first

Answer 7

if arrested first, statutory right to preliminary hearing

GDC determines if PC exists

if PC, go to CC

Question 8

felony preliminary hearing - direct indictment

Answer 8

case brought to grand jury first

no statutory right

Question 9

do preliminary hearings and grand jury proceedings count for double jeopardy?

Answer 9

no

Question 10

what is arraignment

Answer 10

advise D of charges

set court date for misdemeanor

set preliminary hearing for felony

Question 11

nolo plea

Answer 11

no admission of guilt

no contest

Question 12

alford plea

Answer 12

plead guilty

assert factual innocence

Question 13

when is EV of nolo or alford admissible in a subsequent trial?

Answer 13

subsequent civil trial

Question 14

guilty plea requirement

Answer 14

knowingly and intelligently

Question 15

withdraw guilty plea before sentencing

Answer 15

if before sentencing, good faith

Question 16

withdraw guilty plea after sentencing

Answer 16

within 21 days of final order

to prevent manifest injustice

Question 17

plea agreement requirements

Answer 17

in writing

presented as matter of record

court may accept or reject

Question 18

joining offenses against same D

Answer 18

same transaction or occurance

Question 19

when would you need separate trials for different crimes against the same D?

Answer 19

justice requires

Question 20

joining multiple Ds

Answer 20

commonwealth moves for joint trial

court agrees

Ds participated in related acts

Question 21

when would you have seperate trials for multiple Ds who committed related acts

Answer 21

justice requires

Question 22

motion to dismiss - defect in prosecution or written charge

Answer 22

file before plea entered

waived if not raised

Question 23

motion for speedy trial

Answer 23

case will be discharged if not

5 months after D in custody

9 months after D released

Question 24

when does the clock start for speedy trial?

Answer 24

arrest and finding of PC

Question 25

noll cross motion

Answer 25

dismiss w/o prejudice

need good cause

Question 26

motion to strike CW ev

Answer 26

EV insufficient as matter of law to sustain conviction

light most favorable to P