Pretrial Procedures

Question 1

What rights does an individual have during his first appearance?

Answer 1

1. An appearance before a judicial officer within 24 hours of the arrest,
2. A copy of the complaint, and
3. The appointment of counsel, if the accused is indigent and the accused offense is punishable by jail time

Question 2

What are the statutorily enumerated grounds for a judge to order pretrial detention?

Answer 2

1. The D was on probation or parole when the offense was committed,
2. The D is charged with drug trafficking,
3. The D is charged with DUI Manslaughter

Question 3

How many days does the court have to file charges on a D who is in custody after he was arrested?

Answer 3

30 Days

Question 4

What are the requirements for a court to accept a guilty plea from a D?

Answer 4

1. The D understands the plea and its significance,
2. The plea is voluntary, and
3. There is a factual basis on the plea

Question 5

When must the state file a pretrial detention motion?

Answer 5

At the first appearance hearing or within 3 days of such a hearing

Question 6

What happens during the first appearance?

Answer 6

1. The D is advised of the charges,
2. The D is read his Miranda rights,
3. The D receives a copy of the complaint,
4. The D is advised of his right to counsel.

Question 7

What are the factors the court considers for pretrial release?

Answer 7

The factors the court considers when the court does Not Want the Defendant to Commit More Crimes are:

1. the Nature of the offense,
2. the Weight of the evidence,
3. whether the D is a Danger to society,
4. the D’s ties to the Community and employment status,
5. the Mental state or substance abuse,
6. Criminal history

Question 8

When can bail be modified?

Answer 8

3 hours after it is set

Question 9

How much time does a court need to determine whether the state keeps D detained in jail in a non-adversarial hearing?

Answer 9

Within 48 hours or the arrest but the judge can add two 24 hour extensions if need be

Question 10

What are the two types or preliminary hearings?

Answer 10

Non-adversarial and adversarial hearings

Question 11

What are non-adversarial and adversarial hearings used?

Answer 11

Non-adversarial hearings are used when the D is in custody and no arrest warrant is issued. Adversarial hearings are used when the D has not been formally charged within 21 days of the arrest.

Question 12

How are felonies charged?

Answer 12

Felonies are charged by either:

1. an indictment by a grand jury or
2. by information from the state attorney

Question 13

How are misdemeanors charged?

Answer 13

Misdemeanors are charged by a:

1. notice to appear (summons) or
2. Affidavit (ticket)

Question 14

How many days notice is required for a prosecutor to seek the death penalty?

Answer 14

45 days from arraignment