Bail and Powers of Arrest In this part of assignment I will write about the police powers to grand bail, as well I will assess why the police have the powers to grand bail and at the end I will evaluate the police powers of arrest, warrant, detention and search. Bail is the term used when the person is under suspicion or has been charged with a criminal offence but is released from the custody until he or she next appears in court or police station. Once the person did any kind of offence, police have the power to arrest the person and take it in to the custody. Once the person into the custody, he or she will be taken to the questioner by the police officer or investigator. After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services).
The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect. When an arrest is made the police must advise the suspect of their Miranda Rights before questioning a suspect can begin as anything a suspect says to the police cannot be used against them and be thrown out of court. When the suspect is brought to the jail they go through an administrative procedure called booking where the suspect is finger printed, personal data is collected and are read and have to sign a statement that they understand their Miranda Rights.
The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace. In a large number of very minor offences (such as parking or speeding offences) the first step is the infringement notice. A person may receive a summons, an order to attend court, specifying the alleged offence. It may be served in person or through the mail. An alleged offender may be arrested, charged and fingerprinted.
At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.
The officer uses the information they have and rationalizes where the minor should go next. Depending on the situation they may just release the minor after discussing their reason for intervening with them. But then the officer may decide they have enough information for their case to try the minor (Bartollas & Miller, 2008, p.134). This information may include past history of delinquency from the minor. The officer then may place the juvenile in a detention center or in some cases a foster home (Bartollas & Miller, 2008, p.18).
When you're arrested If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned. After you have been taken to a police station, you may be
Sentencing in most cases involves the offender having to pay a fine, receive probation, or put in a corrections facility (University of Phoenix, 2011). The last event the offender encounters to the criminal justice system is the corrections event; this event is for those offenders who receive to prison (University of Phoenix, 2011). The sequence of events work in making sure the offenders encounters a fair and impartial opportunity to justice. The two choice models are the crime controlled model and the due process model. The crime control model focuses on efficient processing, making many justifiable arrest, and the flexible work of the trained police.
Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue a warrant for his or her arrest. Once the criminal or civil trial has begun, the judge presides over the courtroom (Meyer & Grant, 2003). When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing.
A criminal trial process usually starts after the individual has been arrested, or warrant charges have been filed between two to forty eight hours after arrest, the individual then has an informal arraignment. This is when the individual is made aware of his or her charges against them. Take into consideration if the individual has not been read their Miranda rights. At this stage the individual shall then be read those rights. Now if he or she has been mirandized they will again be made aware of their right to a lawyer.
That you attend and complete such courses and programs as your community corrections officer may from time to time nominate. I am hopeful that if you comply with the terms of the bond you will not re-offend. I must say to you, Mr Veldkamp, sometimes people view a suspended sentence as walking free from court. That is simply not the case. If you commit any offence during the currency of the bond you are liable to serve the sentence of imprisonment that I have just imposed together with any other sentence that you might incur.