Rene Balderrama
CJ227-03: Criminal Procedure
Unit 4 Project April 19, 2011
Professor: Kurt Austin Zimmer
Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? The police have no obligation to stop John Doe from making any statements. “Excited Utterance” made by a defendant before being questioned are admissible as statements given under Miranda advisement. Once the police begin to question John Doe regarding the theft, then they are required to read or provide Mr. Doe with his Miranda Warnings. Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any
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The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.
The court could choose either a preliminary hearing or grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. Preliminary hearing would indicate that John Doe was arrested and a complaint issued or filed with the Ocean County of where the violation occurred. Thus, prompting the judicial process: i.e. Preliminary hearing, plea, and trial. Grand jury would entail the officer or ADA presents the Grand Jury with the facts or probable cause of reasons why John Doe was arrested. Grand Jury could hear testimony from the officer and witnesses associated with the case. Once the facts are presented the Grand Jury would have an opportunity to ask questions. After the hearing, the Grand Jury would be requested to vote and either issues a true bill of indictment or find a no bill for Mr. John Doe.
Identify what issues the judge would take into consideration when setting bond for John. “Many illegal immigrants out on bail commit another crime or vanish before trial”-SUSAN CARROLL Houston Chronicle. Since Mr. Doe is in the United States illegally the
The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the
The Criminal Justice System is a set of legal and social institutions used to enforce a defined set of rules limitations (3). This system in the United States is divided into three subsections: Federal, State, and Military. Each state's criminal justice department is then divided again into separate juvenile and adult systems (3). The system begins when the crime is committed and observed which leads to an investigation and arrest here the accused enters the system. The first step is after the arrest is made the criminal is held in jail until they can go to Criminal court, this usually happens within twenty four hours of the arrest unless it’s a weekend. In that case the trial will be held on Monday. While the prisoner is waiting for trial they get brought to central booking where their fingerprints and photograph are taken. At this time
The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.
The foreign partner can also become a competitor by selling its production in places where the parental company is already in.
The person who put up the collateral or paid the bond might have to secure the services of the apprehension agent, which means more money out of their pocket. This means that if your loved one doesn't appear at all their court appointments, they can be considered a fugitive. You can help the bail bonds agent find the person by providing information as to their whereabouts. Skipping bail is very serious and could mean a guilty verdict will extend their jail time.
Mullen in department 3 at 720 9th street Sacramento, CA. I arrived at 8 and left at 10. I observed the judge read the different type of hearing arraignments offered to the defendants. There are several different types of hearing like arraignment hearing, pretrial hearing, preliminary hearings, jury trail, court trail, sentence hearings and post sentence or probation violation hearings. During an arraignment hearing the defendant first appears in court, advised of their constitutional rights, appointed by an attorney if they are unable to afford one. The defendants are advised of the nature of the charges bring bought against them. The judge gives the defendant three pleas to enter, guilty, not guilty, or no contest plea. Some of the defendants were released on their own recognizance and the judge set bail for some of the defendants. The cases I witnessed the judge set bail was for felony crimes and defendants who had prior convictions. The defendants who were charged with a misdemeanor and plead not guilty to the charges had to be brought to trail within thirty days of being arraigned if they were in custody for forty five days, bail or their own recognizance. If the defendants were charged with a felony and plead not guilty to the charges their preliminary hearing must be held within ten days of being arraigned. Preliminary hearings determination is made if there is sufficient evidence the
Once arresting, officers must inform “the accused” that he has the right to remain silent, anything he says can and will be used against him in the court of law. He has the right to an attorney or have an appointed attorney if she cannot pay for one; and have an attorney present during questioning. If he wants to assert these rights, he must affirmatively say so. The process of reading the defendant his rights should take no more than five minutes. Within forty-eight after an arrest, he must be taken before a judge. The judge must inform the accused of the charges against him and whether there is an affidavit supporting the charges. The judge also must inform the defendant of his rights as well. The initial appearance before a judge can last anywhere between one to two hours. Next there are time limits on filing charges. If he cannot post bond and remains in jail, the prosecutor must file charger against him by complaint, which can take fifteen to ninety days for any felony. Then the prosecutor must file the charges against him by complaint. If he is not in jail, then the prosecutor
During this time, the defendant is expected to enter a plea. When an arraignment occurs, the defendants is told what their rights are, letting them know what they are being charged for and the defendant has to enter a plea. According to Lauren Baldwin, “Arraignment must occur within a reasonable time after arrest. An unreasonable delay violates the defendant’s federal constitutional Sixth Amendment right to a speedy trial”. In this particular, I believe that setting a conditions of release is required since John is an immigrant. When it’s all said and done, John Doe committed a crime and should be punished for it rather he’s an immigrant or not. I could understand his side of the story but it still doesn’t make what he did right. If it was up to me, I would just deport all illegal immigrants that decide that they want to commit criminal acts back to their
Bail might be denied in some cases depending on the details of the crime as well as the person's history. If they've been released on bail and not returned for their court
The court could choose either a preliminary hearing or a grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. A preliminary hearing is utilized to figure out whether there is sufficient evidence against John to go to trial. An appropriate approach to look at a preliminary hearing is to consider it a mini trial. It is the place the judge will permit "rumor" evidence. The
If the defendant doesn't show up for the trial, the bail bondsman has a right to pursue the defendant and require payment. The bail bondsman would likely hire a bounty hunter to find the defendant. The bail bondsman also has a right to sue in court for the full amount of the
After an arrest for a felony, a person is then arraigned by a judge. At this time, the individual is explained why they were charged with the crime. This is also the point at which a bail is set. Bail is the amount of money an accused
In the State of New Hampshire when you are arrested and charged with a crime, you will be arraigned by the District Court who has jurisdiction in a 24 hour time frame. Jurisdiction is determined on where the crime occurred, what the crime was, and who committed the crime. During the arraignment a plea is entered or request of a continuance, an attorney will be provided for defendants who cannot afford one on their own, bail set, and a probable cause hearing will be scheduled. If bail is set, this is to encourage the defendant to show up for any future court appearances and may issue restrictions for travel and other activities to avoid having bail revoked (Broderick & Dahar, 2008). If the defendant pleads guilty or no contest, the judge may proceed to a verdict, or the prosecutor and the defense attorney may work out a plea deal if the charge is considered minor. If it is a more serious crime, the judge will move to schedule future hearings.
Here are the two most important conditions you need to be aware of and follow if you are released on bail pending future court hearings.
1. The steps that are involved before trial but after arrest include; The first appearance, which is done before a magistrate or a lower-court judge and occurs when defendants are brought before a judge to be given formal notice of the charges against them, to be advised of their rights, to be given the opportunity to retain a lawyer or to have one appointed to represent them, and perhaps to be afforded the opportunity for bail. Some aspects that are a part of the first appearance involve; a pretrial release, in which the accused person is released from custody, for all of part of the time before or during prosecution, on his or her promise to appear in court when required. Bail Bonds, which usually involve cash deposits but may be based on