Outline and provide a short description of each of the six steps leading to a trial

Question

What will be an ideal response?

Answer 1

o Booking:
• After an arrest, at the police station, the suspect is searched, photographed, fingerprinted, and allowed at least one telephone call after the booking.
• Charges are reviewed, and if they are not dropped, a complaint is filed and a judge or magistrate examines the case for probable cause.
o Initial appearance:
• The suspect appears before the judge, who informs the suspect of the charges and of his or her rights.
• If the suspect requests a lawyer, one is appointed.
• The judge sets bail.
o Grand jury or preliminary hearing:
• A grand jury determines if there is probable cause to believe that the defendant committed the crime.

§ An indictment will follow the grand jury, which is the charging instrument issued.

• A preliminary hearing is a court proceeding in which the prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial.

§ An information will follow the preliminary hearing, which is the charging instrument issued by the prosecutor.
o Arraignment:
• The suspect is brought before the trial court, informed of the charges, and asked to make a plea.
o Plea Bargain:
• A plea bargain is a prosecutor's promise of concessions in return for the defendant's guilty plea.
• Concessions include a reduced charge and/or a lesser sentence.
o Guilty plea or trial:
• In most jurisdictions, most cases that reach the arraignment stage do not go to trial but are resolved by a guilty plea, often as the result of a plea bargain.

§ The judge sets the case for sentencing.

• If the defendant refuses to plead guilty, he or she proceeds to either a jury trial or a bench trial.