Term
|
Definition
| Defendant "goes it alone." gives up his right to an attorney |
|
|
Term
|
Definition
| "For free" attorney - judge matches up attorney wiith defendant. lawyers dont have a choice not to represent them. |
|
|
Term
|
Definition
| Attorneys agree to represent defendants for a fixed rate. |
|
|
Term
| Process for ensuring defendants of misdemeanors go to court |
|
Definition
|
|
Term
| What 5 things must be in a complaint? |
|
Definition
identify defendant
place where alleged offense was committed
date/ time offense was committed
citation - law allegedly violated
attestation - certify - swear or affirm |
|
|
Term
| Process for ensuring defendants of felonies go to court |
|
Definition
Complaint
Arrest warrant
Bail |
|
|
Term
|
Definition
financial resources
crime alleged
ties to the community
strength of the state's case
criminal history |
|
|
Term
|
Definition
| Bail alternative, "Releases on Recognizance" - defendant does not have to ut any money deposit |
|
|
Term
|
Definition
| example" $10,000 ROR - dont show, they owe court $10,000 |
|
|
Term
|
Definition
Not the arraignment.
Defendant is told what charges he faces, is told his rights, and bail me be set if not done so already. not entitled to attorney at this stage for indigent defendants |
|
|
Term
|
Definition
| Filtering screening mechanism. Prosecutors speaks before a grand jury to determine if there is P.C. Not open to public. |
|
|
Term
| defendants right to speak before grand jury |
|
Definition
| limited. they can ask but cannot be guaranteed to. they cannot be forced to testify during a grand jury hearing. |
|
|
Term
|
Definition
| Written document saying there is probable cause that a crime has been committed. - GRAND JURY |
|
|
Term
|
Definition
| Judge determines there is P.C. |
|
|
Term
|
Definition
| written form that ombodies a waver of right to grand jury/ preliminary hearing - admits there is at least probably cause. |
|
|
Term
|
Definition
| Opposite of Indictment/ information |
|
|
Term
|
Definition
| Compulsory exchange of info in one party's possession to the other party. Gov't must provide any evidence it may use in the trial and information that tends to proves the defendant is innocent. Defendant must turn over what the plan on defending w/. |
|
|
Term
|
Definition
| Pretrial motion to suppress evidence |
|
|
Term
|
Definition
| Agreement pursuant to whih def't pleads guilty to one or more charges in exchange for favorable treatment at sentencing and/or dispostion of other charges. |
|
|
Term
|
Definition
| Def't is required to enter a formal plea to each charge against him. |
|
|
Term
| Pretrial Diversion/ Intervention |
|
Definition
|
|
Term
| Adjudicatory Phase - Rights of the 6th Amendment |
|
Definition
|
|
Term
|
Definition
Starting Point:
Arrest
Indictment/ Info
Arraignment
Factors:
length of delay
reason for delay (most important)
Assertion of rights
prejudice |
|
|
Term
|
Definition
Some exceptions
Can give preferential treatment to who attends a trial.
Does not have right to exclude the public. |
|
|
Term
|
Definition
Some exceptions
Can give preferential treatment to who attends a trial.
Does not have right to exclude the public. |
|
|
