Pretrial ProceedingsBail, Hearings, Motions

Booking

Police record of arrest› Name› Address› Date of Birth› Place of Employment› Any previous arrests› Fingerprints, photo, nail clippings,

handwriting, blood, urine

Initial Appearance

Explanation of Rights Informed of Charges Decision on bail

Release before Trial Bail: $ to ensure that a defendant will

return to court for trial Personal Recognizance: defendant

promises to return and is considered a low flight risk› Offense committed, family and community

ties, financial resources, employment, prior record

Nonmonetary conditions: 3rd party responsibility, maintain job, report regularly

Remand without Bail

Violent crimes like murder

Does this violate 8th amendment?

Why do we allow bail before trial?

Pg 159

Preliminary Hearing and Grand Jury

Prelim Hearing: Judge decides whether the prosecutor establishes probable cause that defendant committed a crime

Grand Jury: Prosecution must convince 16-23 people that defendant committed a crime- no judge, no rules of evidence, defendant not present

Pretrial Motions

Discovery of evidence› Request by D to see P’s evidence

Continuance› More time to prepare case

Change of Venue› Move location of trial

Suppress Evidence› Certain evidence excluded from trial