Rules of Criminal Procedure Rule 8 Release by Judicial Officer at First Appearance

Question 1

Rule 8.1. Prompt First Appearance.
An arrested person who is not released by citation or by other lawful manner shall

Answer 1

be taken before a judicial officer without unnecessary delay.

Question 2

Rule 8.2. Appointment of Counsel.
(a) A judicial officer shall determine whether the defendant is indigent and, if so, appoint counsel to represent him or her at the first appearance, unless the defendant

Answer 2

knowingly and intelligently waives the appointment of counsel.

Question 3

Rule 8.2. Appointment of Counsel.
The court need not appoint counsel if the indigent defendant is charged with a

Answer 3

misdemeanor and the court has determined that under no circumstances will incarceration be imposed as a part of any punishment.

Question 4

Rule 8.2. Appointment of Counsel.
(b) Attorneys appointed by district courts may receive ________ for services rendered upon certification by the presiding judicial officer if provision therefor has been made by the county or municipality in which the offense is committed or the services are rendered.

Answer 4

fees

Question 5

Rule 8.2. Appointment of Counsel.
Attorneys so appointed shall continue to represent the indigent accused until

Answer 5

relieved for good cause or until substituted by other counsel.

Question 6

Rule 8.3. Nature of First Appearance.
(a) Upon the first appearance of the defendant the judicial officer shall inform him of the charge. The judicial officer shall also inform the defendant that:

Answer 6

(i) he is not required to say anything, and that anything he says can be used against him;

(ii) he has a right to counsel; and

(iii) he has a right to communicate with his counsel, his family, or his friends, and that reasonable means will be provided for him to do so.

Question 7

Rule 8.3. Nature of First Appearance.
(b) No further steps in the proceedings other than pretrial release inquiry may be taken until the defendant and his counsel have had an adequate opportunity to ______, unless the defendant has _________ waived his right to counsel or has refused the assistance of counsel.

Answer 7

confer / intelligently

Question 8

Rule 8.3. Nature of First Appearance.
(c) The judicial officer, if unable to dispose of the case at the first appearance, shall proceed to decide the question of the pretrial release of the defendant.
In so doing, the judicial officer shall first determine by an informal, non-adversary hearing whether there is ___________ for detaining the arrested person pending further proceedings.

The standard for determining ______________ at such hearing shall be the same as that which governs arrests with or without a warrant.

Answer 8

probable cause / probable cause

Question 9

Rule 8.4. Pretrial Release Inquiry: In What Circumstances Conducted.
(a) An inquiry by the judicial officer into the relevant facts which might affect the pretrial release decision shall be made:

Answer 9

(i) in all cases where the maximum penalty for the offense charged exceeds one (1) year and the prosecuting attorney does not stipulate that the defendant may be released on his own recognizance;

(ii) in those cases where the maximum penalty for the offense charged is less than one (1) year and in which a law enforcement officer gives notice to the judicial officer that he intends to oppose release of the defendant on his own recognizance.

Question 10

Rule 8.4. Pretrial Release Inquiry: In What Circumstances Conducted.
(b) In all other cases, the judicial officer may release the defendant on his own recognizance or on order to appear without

Answer 10

conducting a pretrial release inquiry.

Question 11

Rule 8.5. Pretrial Release Inquiry: When Conducted; Nature of.
(a) A pretrial release inquiry shall be conducted by the _____________ prior to or at the first appearance of the defendant.

Answer 11

judicial officer

Question 12

Rule 8.5. Pretrial Release Inquiry: When Conducted; Nature of.

b) The inquiry should take the form of an assessment of factors relevant to the pretrial release decision, such as:

Answer 12

(i) the defendant’s employment status, history and financial condition;

(ii) the nature and extent of his family relationships;

(iii) his past and present residence;

(iv) his character and reputation;

(v) persons who agree to assist him in attending court at the proper times;

(vi) the nature of the current charge and any mitigating or aggravating factors that may bear on the likelihood of conviction and the possible penalty;

(vii) the defendant’s prior criminal record, if any, and, if he previously has been released pending trial, whether he appeared as required;

(viii) any facts indicating the possibility of violations of law if the defendant is released without restrictions; and

(ix) any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction.

Question 13

Rule 8.5. Pretrial Release Inquiry: When Conducted; Nature of.
(c) The prosecuting attorney should make recommendations to the judicial officer concerning:

Answer 13

(i) the advisability and appropriateness of pretrial release;

(ii) the amount and type of bail bond;

(iii) the conditions, if any, which should be imposed on the defendant’s release.

Question 14

Rule 8.6. Time for Filing Formal Charge.
If the defendant is continued in custody subsequent to the first appearance, the prosecuting attorney shall file an indictment or information in a court of competent jurisdiction within _______ days of the defendant’s arrest.

Answer 14

60

Question 15

Rule 8.6. Time for Filing Formal Charge.
Failure to file an indictment or information within _______ days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant’s release from custody unless the prosecuting attorney establishes _________ for the delay.

If good cause is shown, the court shall reconsider bail for the defendant.

Answer 15

60 / good cause

Question 16

Rule 8.7. Use of Video Conferences in Pretrial Proceedings.
(a) If the defendant is confined in a jail, prison, or other detention facility, a first appearance as provided in Rules 8.1 and 8.3 or a pretrial release inquiry as provided in Rule 8.4 may be conducted by ____________as provided in this rule.

Answer 16

video conference

Question 17

Rule 8.7. Use of Video Conferences in Pretrial Proceedings.

(b) Any video conferencing system used under this rule must meet all the following requirements:

Answer 17

(1) All participants in the proceeding must be able to see, hear, and communicate with each other simultaneously during the proceeding.

(2) All participants in the proceeding must be able to see and hear any witnesses who may testify in the proceeding.

(3) All participants in the proceeding must be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method.

(4) The video quality of the video conferencing system must be adequate to allow the participants to observe each other’s demeanor and nonverbal expressions as well as the demeanor and nonverbal expressions of any witnesses who testify in the proceeding.

(5) If the defendant is represented by an attorney, the attorney shall, upon request, be provided with the opportunity for confidential communication with the defendant.

Question 18

Rule 8.7. Use of Video Conferences in Pretrial Proceedings.
(d) An attorney representing a defendant during a video conference may elect to be present either ________________________________________.

Answer 18

in the courtroom with the presiding judicial officer or in the place where the defendant is confined.