Steps After a Crime Investigation and Arrest Warrant

Steps After a Crime § Investigation and Arrest § Warrant § Arrest § Booking § Nolle Prosequi§ at any time in the process § Discretion-

Steps After a Crime § Arraignment § Preliminary Hearing OR Grand Jury § An extra step for felonies § Depends on the state § (MO) Depends on the case

Arraignment § Misdemeanor § 1 st formal reading of the charges § Informed of rights § Trial/ defense/ lawyer (appointed) § Enter plea§ Not Guilty- set trial date and set bail/ bond § Guilty- Most often, pleas and sentencing here § Bench trial § nolo contendre

Bail § 8 th Amendment- right to bail § Bail§ Considerations- crime, priors, family, ties… (Remand- kept in custody/ jail) § Stack v Boyle- severity of crime= severity of bail § Types § ROR- release on own recognizance § Cash bond § Property bond § Bail bondsmen

Preliminary Hearing § Felonies § 1 st-- Arraignment § 2 nd-- Prelim. Hearing § A mini- trial in open court to est. probable cause § With witnesses § Judge determines if there is enough evidence to support the charges/ for a trial § If yes- “bound over” for trial in circuit court and the trial date would be set § PC is usually found § If no- charges dropped/ case dismissed § New charges could be filed and new evidence added

Grand Jury § Grand Jury- replaces the Prelim Hearing § Not public/ in secret § Required in FEDERAL felony cases § Still call witnesses to present evidence § Grand Jury will indict or release § Indictments§ 9+ of 12 agree § True bill- yes, we found probable cause and there’s enough evidence support the charges/ to go to trial § Defendant will be bound over

Steps After a Crime § Trial Court § Plea bargaining § Pre-trial motions § Ex: motion to suppress evidence motion to dismiss to case § Subponeas-

Plea Bargaining § Plea: § Dominant activity of criminal courts § Saves time and money by avoiding a trial § In most cases there is little doubt about the defendants legal guilt § 95% of all felony convictions result from guilty pleas

Steps After a Crime § Trial (Lap 4) § Sentencing (Lap 5) § Appeal (Lap 6)