Pretrial Procedures Pretrial Procedures Introduction few general things about pretrial procedures Critical links in the criminal process between arrest and trial bail hearings grand jury investigation preliminary hearings arraignment plea bargaining Procedures following arrest Booking police list possible charges against the suspect fingerprints and mugshots are taken sometimes participation in a lineup is necessary Misdemeanor procedures suspect ordinarily released on own recognizance criminal complaint filed defendant's presence requested at initial hearing plead guilty at initial hearing, the case is disposed of immediately plead not guilty, date for trial is set. Those accused of Drug Offenses are most likely to be released, Followed by publicorder offenses, property offenses, violent offenses. Because they don't show up for trial Rates of failure to appear from 1 to 21 percent during pretrial phase Because they reoffend while waiting for trial. If a judge releases an offender and that offender commits a horrendous offense, it is likely that the judge's name will be splashed across the newspapers and the judge will be hurt at election time.
Prior behavior is the best predictor of future behavior.
If the defendant makes all court appearances, the cash is returned If the defendant fails to appear, the bond is forfeited. If the defendant makes all court appearances, the deposit is returned If the defendant fails to appear, he or she is liable for the full amount of the bail. If the defendant fails to appear, the bond company is liable to the court for the full bail amount. Defendant posts property valued at the full value of the bail amount as an assurance of appearance. If the defendant fails to appear, the property is forfeited.