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). Then CPS could state whether it’s enough evidences gathered to take the person to court or it can state that there is not enough evidences. That where it comes to the bail. (www.findlaw.co.uk) The bail can be granted or denied it all depends what is the offence and whether the person can be dangerous if goes back to the society/community. If the person is arrested on suspicious of the murder that would be clearly obvious that the person wouldn’t get the bail, as that person could try to run away also could attempt more murders or even self-harmed.
During the preliminary hearing, a magistrate will determine if a crime had been committed, if the crime committed occurred in the court’s jurisdiction, and if there is probable cause to believe the person committed the crime(s). If the magistrate does not find probable cause then the case will be dismissed. After the facts are heard from both the persecution and defense, the magistrate determines if the person will be allowed to leave the court on his own recognizance or if the subject will be held in custody until the arraignment. The defendant makes their first appearance in the courtroom during the arraignment. In this process, the defendant enters their plea of either guilty, not guilty, or no contest.
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
Jeannette Alverio Journal 5 April 24, 2012 Chapter 8 Summary: Chapter 8 is about personal crimes. The chapter begins to discuss assault and battery. Assault is defined as the attempted or threatened battery. It is the intentional fear that is put into someone by the threat of bodily harm. Batter is the unlawful physical violence on another person without their consent.
If Joe Justice wants to get the deal done with Jim Lawbreaker, what options does he have in terms of bringing charges against him? I am not sure about the options the Joe Justice has regarding making a deal with Jim Lawbreaker, I think that the one of the charges would be accessory to commit a crime, and since he wasn’t the main character in the robbery and I think that in order to get to the main culprit the deal that Jim Lawbreaker attorney is offering is fair since the results of the lab tests are incomplete and a statement from Jim will help the prosecutor make sure that Martin goes to jail for the crime. The evidence does not place Lawbreaker on the scene and no witnesses can place him there either. 2. Does Joe Justice have enough evidence to take a case against Slick Martin to grand
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
Once a person is acquitted, he or she cannot be tried for the same crime again. Appeals factor in the overall criminal process and procedures in that the appeals process is a part of a checks and balance system. The checks and balance system is designed to make sure
In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
According to Legal Definitions.com, 2004-2007, no contest “refers to the defendant’s plea to the court that he or she would not fight against or dispute the allegations or charges filed against him or her.” If the defendant enters a plea of not guilty, and the crime committed is severe enough, the defendant may be applicable to with stand a jury trial. These crimes mainly include major drug trafficking, murder, kidnapping, etc. Steps in a Jury Trial The first step in a jury trial is the selection of a jury. Selection of a jury is a process that begins with a large group of individuals in the same room interviewed, and asked questions by a lawyer to determine his or her eligibility. The jurors must not withhold any personal biases and must be completely honest in his or her answers.
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.