PRETRIAL

Prosecutorial Review After arrest, prosecutor reviews case to decide what charges to make against arrestee Decide if there is enough evidence to file formal charges against the arrestee, and what those charges should be

Plea Bargaining Defendant pleads guilty in about 90% of all cases; these cases don’t go to trial PLEA BARGAINING = an agreement to plead guilty in return for a reduction in charges or a lighter sentence Plea agreement can occur at any time during a criminal case

I. First Court Appearance A. Arrested person taken before a judge usually within 24 or 48 hours of being arrested; judge ensures that criminal suspect knows rights and is not being abused by authorities B. Typical procedures by a judge 1. Informs arrestee of charges 2. Informs arrestee of right to counsel 3. Determines bail

II. Probable Cause Hearing A. Purpose is to keep charges with insufficient evidence from being brought to trial (have to prove there is probable cause to believe the arrestee committed the crime) B. Types of Hearings 1. Preliminary Hearings a. Prosecution presents evidence to a judge to prove probable cause b. Defense can cross examine witnesses c. If judge finds probable cause, files an INFORMATION, a document that accuses the defendant of committing a crime

II. Probable Cause Hearing B. Types of Hearings (continued) 2. Grand Jury a. Used in some states and in all federal cases b. Made up of 23 citizens from county where crime occurred c. Prosecution calls witnesses; defense cannot cross- examine d. If jurors find probable cause, they issue an INDICTMENT, a document accusing defendant of crime 3. Complaint a. Used for misdemeanors only b. No separate hearing; a written complaint against the arrestee serves as the formal accusation

III. Arraignment A. Defendant called into court to PLEAD TO THE CHARGES B. Defendant has three basic choices of pleas: 1. Not guilty 2. Guilty 3. Nolo Contendere (no contest; has same effect as guilty plea, but doesn’t serve as an admission of guilt if you are sued in a civil case) C. Typical proceedings by the judge 1. Informs defendant of various constitutional rights 2. Reads information or indictment, gives defendant a copy 3. Asks defendant to plead to charges 4. Asks if defendant want jury trial or court trial

IV. Pretrial Motions A. Defendant makes them during arraignment B. Example – gag orders 1. Prohibit trial participants and government officials from making statements to the press 2. Makes it less likely that pretrial publicity will influence fact finder (jury or judge)