In Middletown, Peter broke into a home, stole approximately $10,000 in jewelry and electronics, and consumed a bottle of wine before he fled the scene in a stolen car. The police stopped Peter after noticing him swerving, speeding, and then slowing down on the interstate highway. During the stop, police saw the "loot" stashed in the back seat of Peter's car and suspected he was involved in more than driving while intoxicated. Peter was properly arrested and booked for the driving-while-intoxicated charge. The police believed Peter's fingerprints would match those discovered at the burglary scene and were likely to charge him with burglary and larceny as well as grand theft auto. Peter called Lou, his long-lost friend from college, to ask whether he should retain counsel because he has no

Question

money, but during his call with Lou, he fully admitted to the charges. Since it was Peter's first time in the criminal justice system, he didn't know what to expect. He wondered whether he will have to go to court and what would likely to happen. What can you advise him?

What will be an ideal response?

Answer 1

Answers will vary, but students should address the following issues:

The trial court of general jurisdiction for the charges
Preventive detention
Bail or release on own recognizance (ROR), since he has no previous history: But bail may not be likely because he may pose a risk to society.
A determination of indigence for attorney representation
Arraignment-when a plea may be entered
Plea bargaining-strong likelihood given the caseloads of most jurisdictions: Students should identify three possibilities for the charges as identified in the text.
Types of justice he is likely to see, such as incapacitation, punishment, rehabilitation (alcohol), and general deterrence
Possibility of going to trial-possible: Students should address bench trial versus jury trial.