During the hearing the defense will motion to suppress any evidence against them that could lead to a guilty plea. Preliminary hearings can have many parts and they usually last up to an hour and a half. After the preliminary hearing the information or indictment stage occurs and the prosecutors will continue to seek fir
Once the jurors have received the instructions from the judge, as a group they think through the case, which is he jury known as “deliberation” This is when the jurors make an effort in finding the suspect guilty or not guilty of the acts executed. Every juror must take part in the attaining the verdict. This being the first time the jury has been permitted to talk over the case. This process can last from a few hours to several weeks---when the verdict is reached the foreperson notifies the judge with a signed form, who in turn reveals the verdict in open court (Zalman, 2011).To find a suspect either “guilty” or “not guilty: it has to be a unanimous vote. If the jurors cannot get a unanimous vote in some states it is known as a “hung jury,” with the consequences being a “mistrial” whereas the prosecution might set a new court date and go thru the process again from the beginning (Zalman, 2011).
There is a lengthy process through the Criminal Justice system for a criminal case. Starts with an investigation and can end with parole or probation. Some cases can take months and maybe even years depending on the seriousness of the crime. The first process of a criminal case is the investigation, once a crime has been reported; officer’s show up to take information from the victim. After the officers have the information they need “evidence is collected, if possible.” If the suspect is still on the scene they are arrested and brought to booking.
After arrest, comes booking. Pictures, finger prints, and personal info are obtained. A record is created and, in some cases, DNA is collected from the suspect. Next, they go before a magistrate for their first appearance, where they are informed of their charges, rights, and bail. At the preliminary hearing, it is determined if there is probable cause.
The person who allegedly committed the crime has just as many rights as the victim, and their rights start the moment the arrest is made. The Due Process is a process designed to “guarantee all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property” (Due Process of Law. (n.d.)). People who are in jeopardy of becoming incarcerated for either a short of long period of time are entitled to legal protections such as: a right to an attorney and a trial by a jury of peers. It is services like this that help provide due process of law.
If the accused appears in court the money is refunded at trial but if the accused refuses to appear then the money is not refunded and a warrant will be issued for his or her arrest. At the time of an arrest the officer is responsible for reciting the Miranda rights to the accused ("Sixth Amendment", n.d). References Due Process Model Law & Legal Definition. (2013). Retrieved from http://definitions.uslegal.com/d/due-process-model/ The United
With the information it is formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. The indictment it is a formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony. After you have the indictment sometimes you go in front of the grand jury. Then you go for your arraignment it is the first appearance of the defendant before the court that has the authority to conduct a trial. A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
Once the perpetrator of the law has been booked the court starts its process with the first appearance, this is where within a few hours (usually within 24 hours) of being arrested and booked, the suspect are brought before a magistrate (judicial official or judge) for their first appearance. The judge will again tell them the charges for which they were given, tell them their rights and on occasion depending on how serious the crime was, an offer for bail or money or property pledged or given to the court, for release of legal custody. If they cannot post bail, then they will move onto the preliminary hearing where the evidence of the crime will be presented. The judge will look for probable cause that a crime has been committed and if the suspect committed it. This hearing also allows the prosecutor the chance to assess the strength of the evidence and the defense to council to assess the strength of the prosecution’s case.