Pretrial Process
PRETRIAL PROCESS
This outline is to show the Pretrial process. Above all else we need to be aware of the suspects Sixth Amendment rights.
The right to a lawyer-
This right is given to all. This is a guided hand for the defendant.
Prosecutions decision to charge After arrest the government has the decision on whether to file charges or not. If they decide to charge then they will file an indictment, Based on the facts.
Reviewing the charges
Once the indictment is filed in the lower courts then a judge has to decide if there is enough legal evidence for probable cause. If so, then the judge schedules for a first appearance.
First court appearance Where the judge reads the charges to the defendant
Advises the defendant of certain rights they have Lawyer or Public defender if indigent Sets bail
Bail
Normally cash or bond If set too high then detention until trial
Grand Jury Review Charges, evidence, and testimony goes before the grand jury
Preliminary Hearing
Both prosecution and defendant present their cases to the judge to again see if there is enough evidence for trial
The defendant has the chance to challenge the prosecution’s evidence
Judge then decides again if there is enough evidence for trial
Pretrial motions Motions of Discovery Motion to suppress
Jury selection 64 people become possible jurors Prosecution and defense make their preemptory challenges For 8 rounds each till down to 12 jurors and 4 alternates
Trial commences
Direct examination, cross examination, witnesses heard, evidence entered, closing arguments
Jury Instruction
Judge tells the jury what they are allowed to consider and what charges they are deciding on
Must be beyond a reasonable
This outline is to show the Pretrial process. Above all else we need to be aware of the suspects Sixth Amendment rights.
The right to a lawyer-
This right is given to all. This is a guided hand for the defendant.
Prosecutions decision to charge After arrest the government has the decision on whether to file charges or not. If they decide to charge then they will file an indictment, Based on the facts.
Reviewing the charges
Once the indictment is filed in the lower courts then a judge has to decide if there is enough legal evidence for probable cause. If so, then the judge schedules for a first appearance.
First court appearance Where the judge reads the charges to the defendant
Advises the defendant of certain rights they have Lawyer or Public defender if indigent Sets bail
Bail
Normally cash or bond If set too high then detention until trial
Grand Jury Review Charges, evidence, and testimony goes before the grand jury
Preliminary Hearing
Both prosecution and defendant present their cases to the judge to again see if there is enough evidence for trial
The defendant has the chance to challenge the prosecution’s evidence
Judge then decides again if there is enough evidence for trial
Pretrial motions Motions of Discovery Motion to suppress
Jury selection 64 people become possible jurors Prosecution and defense make their preemptory challenges For 8 rounds each till down to 12 jurors and 4 alternates
Trial commences
Direct examination, cross examination, witnesses heard, evidence entered, closing arguments
Jury Instruction
Judge tells the jury what they are allowed to consider and what charges they are deciding on
Must be beyond a reasonable