Criminal Procedure Prior to arrest police have power

Criminal Procedure Prior to arrest police have power to: -Detain You -Question You -Ask for Identification -Pat you down for weapons -ARREST you based on PROBABLE CAUSE You have the right to: -Ask if you are free to go (am I being detained? ) -Refuse to answer any questions -Ask why you are being arrested

ARRESTED! NOT FREE TO GO! n POLICE and PROSECUTORS must observe ALL OF YOUR RIGHTS. n 5 TH Amendment: You cannot be denied “life, liberty, or property, without DUE PROCESS of law” n n ANY MISTAKES ON THEIR PART CAN INVALIDATE YOUR ARREST… n EVEN IF YOU ARE GUILTY

Criminal Procedure: Pretrial Arrested: Upon arrest police may read you the MIRANDA WARNING “You have the right to remain silent…. . ” 5 th Amendment also protects us from “self -incrimination” MOST DEFENSE ATTORNEYS SAY: DON’T TALK TO THE POLICE!!!!! 12/21/2021 3

Procedures Following Arrest n Booking: n Police will formally advise you of your rights n Fingerprinting, mug shots , and personal data collected n Possible participation in a lineup n Detectives / Prosecutors will try to get a statement without a lawyer n You can be held for 24 -72 hours for suspicion 12/21/2021 4

You are now the DEFENDANT n Complaint: Formal charge against you. n Superior Court: Serious offenses n Municipal Court: Lesser offenses “Disorderly persons”, simple assault, public intoxication, etc… n PROSECUTOR TAKES OVER YOUR CASE n Prosecutor: Lawyer against you representing the government 12/21/2021 7

First / Initial Appearance n You meet the judge n You are told of the pending charges against YOU n You make contact with a LAWYER / PUBLIC DEFENDER

First / Initial Appearance Bail Set for Serious offenses n Bail is money (property), given to the court as a guarantee you will show up for your trial n Misdemeanor offenses n. ROR: Released on your own Recognizance - You promise to show up to your trial 12/21/2021 9

Prosecutor: local, county, or n THE PROSECUTOR: Lawyer for the Federal Government against you n Decides: n Does the case have merit? (PROBABLE CAUSE)? n Options: n Downgrade to Municipal Court n Negotiate a PLEA BARGAIN n DISMISS: Drop charges for lack of evidence n PROSECUTE in court!!! (only 10% of cases) 12/21/2021 10

INDICTMENTS BEFORE YOUR TRIAL: The PROSECUTOR must prove to a group of citizens (Grand Jury) that the case against you is valid (Probable Cause exists) 12/21/2021 11

Typical Grand Jury n 16 to 23 members n Citizens from the community n Accused rarely testifies n No defense n CRITICISMS OF GRAND JURY n Almost always find PROBABLE CAUSE n COSTLY 12/21/2021 12

Arraignment n n ONCE YOU HAVE BEEN INDICTED BY THE GRAND JURY Formal arraignment; You plead to the charge: n Guilty: No trial; you go directly to SENTENCING n Not guilty: TRIAL (rare >5%) n OR: n No n Is contest: like a guilty plea but can’t be used against you in a civil case later

Why do so few cases go to court? PLEA BARGAINING PROSECUTOR offers defendant a deal for a GUILTY PLEA (Reduced crime, penalty, time) n Almost 90% of all convictions come from PLEA BARGAINS n n Arguments for plea bargaining: n Cheaper than trials n Efficient: Courts could not try all cases n Guarantees PUNISHMENT! 12/21/2021 14

Arguments Against Plea Bargaining �Encourages defendants to waive constitutional rights n Guilty people do less time than the law dictates n Possibility of coercing innocent to plead guilty n. FEDERAL SYSTEM especially 12/21/2021 15

Factors Affecting Prosecutor’s decisions about each case �The offense: Public Opinion n Prior record n Defendant’s age n Type, strength and admissibility of evidence 12/21/2021 16

Why do so few cases go to court? n PTI: PRE TRIAL INTERVENTION n For first time non-violent offenders n Goal is rehabilitation n Charges are suspended, if defendant stays out of trouble for a certain amount of time, charges are dropped n Defendant often required to attend counseling / submit to drug testing 12/21/2021 17

Defense Attorney’s Role in Plea Bargaining n Acts in an advisory role in negotiations n Makes certain accused understands nature of plea bargaining process and the guilty plea 12/21/2021 18