There are many aspects to the court process from arest to conviction. The first step following arrest in this process is the initial appearance. This is the accused's first appearance before either a judge or a magistrate. The defendant is informed of the charges being brought against them and their constitutional right are explained. The purpose of this is to make the defendant of what is going on and to figure out if counsel is to be provided.
During the initial appearance, bail is set. The defendant either pays the amount of the bail, which can be done in a few different ways, and is then released; or is kept in a local jail or lockup until their trial. The purpose of bail is to ensure the defendant returns for their future court dates. …show more content…
The defenant again appears before a judge or magistrate and they decide whether or not the evidence presented is sufficient for the case to proceed to trial. The judge or magistrate will use a police report of the arrest as well as evidence from the prosecution to make this determination. A defendant can, and often does, waive their right to the preliminary hearing.
Once judge has ruled that there is probable cause, defendants in many jurisdictions are sent to a grand jury. A grand jury is required by the federal government and about one third of states. It is a group of citizens who are tasked with determining if probable cause exists, this is their purpose. The grand jury only hears evidence from the prosecutor. Once the grand jury hasdetermined probable cause does indeed existm it will issue and indictment, which becomes the formal charge against the defendant.
Plea bargaining most often takes place before the beginning of a trial. It is the process by which the defendant and the prosecution work out a conclusion to the case, subject to court approval. For the prosecutor, the purpose of plea bargaining is to ensure a defendant gets punishment. For the defense, it is a way to get a lesser charge than if the case were to go to
During the initial appearance, bail is set. The defendant either pays the amount of the bail, which can be done in a few different ways, and is then released; or is kept in a local jail or lockup until their trial. The purpose of bail is to ensure the defendant returns for their future court dates. …show more content…
The defenant again appears before a judge or magistrate and they decide whether or not the evidence presented is sufficient for the case to proceed to trial. The judge or magistrate will use a police report of the arrest as well as evidence from the prosecution to make this determination. A defendant can, and often does, waive their right to the preliminary hearing.
Once judge has ruled that there is probable cause, defendants in many jurisdictions are sent to a grand jury. A grand jury is required by the federal government and about one third of states. It is a group of citizens who are tasked with determining if probable cause exists, this is their purpose. The grand jury only hears evidence from the prosecutor. Once the grand jury hasdetermined probable cause does indeed existm it will issue and indictment, which becomes the formal charge against the defendant.
Plea bargaining most often takes place before the beginning of a trial. It is the process by which the defendant and the prosecution work out a conclusion to the case, subject to court approval. For the prosecutor, the purpose of plea bargaining is to ensure a defendant gets punishment. For the defense, it is a way to get a lesser charge than if the case were to go to