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The Pre-Trial Process

The Pre-Trial Process. DECISION TO CHARGE.

Jimmy
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The Pre-Trial Process

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  1. The Pre-Trial Process

  2. DECISION TO CHARGE The following individuals can file charges:District Attorney - The District Attorney files charges against an individual if they believe there is sufficient evidence to convict the suspect. . In Juvenile cases, the probation department is instrumental in deciding whether or not to charge the defendant. Neither Police or victims file charges.They only make recommendations to the prosecuting attorney if charges should be filed.

  3. Booking When a suspect is booked the following occurs: • The suspect is taken to the law enforcement station. • They are asked a series of routine questions. • They are lawfully searched with or without consent. • The suspect is fingerprinted and photographed. • A decision is made as to what area of the jail to assign the arrestee .

  4. FILING THE COMPLAINT The prosecuting attorney files this document with the court to show that charges are being filed.

  5. Initial Appearance Every arrested person shall be taken before a judicial officer within 24 hours of arrest. In Pinellas this is called the Advisory Hearing

  6. Defendant will be read rights, charges against them and bail set.Amount of bail is determined by the seriousness of the offense and by the Judge. Bail can be $0 if the person is released "on their own recognizance (R.O.R.)" If charged with misdemeanor, accused may enter plea and judge will immediately sentence.

  7. PROBABLE CAUSE HEARING • - If suspect not formally charged within 72 hours - may request this hearing. • Judge determines if there is probable cause to continue to hold person in jail. Defendant is usually not present.

  8. PRELIMINARY HEARING • - Within 21 Days of arrest, if state attorney has not yet filed formal charges. • A mini-trial butonly prosecutor presents evidence defense cross-examines. • Judge may find there is not a strong enough case at this time and order release.

  9. Arraignment D. is taken before the Circuit Ct informed of charges. D enters plea. Often it is not necessary for accused to appear for arraignment because lawyer can enter a written plea on their behalf.

  10. FILING OF THE CHARGES The information Formal document filed by DA Crimes that D. will be put on trial for

  11. Indictment Prosecutor may refer the case to the grand jury. Grand jury consists of 15-18 citizens who meet in secret and consider evidence in number of different cases and decide whether to formally charge.

  12. The Arraignment • The defendant is taken before the Circuit Court • Informed of formal charges. • Defendant will answer to the charges and enter plea • Trial date is set. Often it is not necessary for accused to appear for arraignment because lawyer can enter a written plea on their behalf.

  13. PRE-TRIAL CONFERENCE Defense attorney plea-bargains with prosecuting attorney, negotiates to obtain the best "deal" or plea for their client. “Deal" might include: • a lesser charge. • lesser punishment for the same charge. • number of counts may be dropped. Judge assigned to the case must agree to the terms of the deal

  14. PRE-TRIAL MOTIONS – filed by D. attorney requesting court For Continuance – postpone trial To exclude – not allow certain evidence to be admitted Discovery – for prosecutor to disclose their evidence. In return D. must disclose also Change of Venue – Move the trial to a different location

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