Chapter 4 Initial Appearance

1
Chapter 4Initial Appearance

• This chapter examines
• The purpose of the initial appearance
• Legal requirements of a complaint
• Pretrial release
• Bounty hunters
• Violation of bail conditions

2
Purpose of Initial Appearance

• Not mentioned in U.S. Constitution.
• Supreme Court has held that an arrested person
  has a basic right to be taken before a magistrate
  without unnecessary delay.
• In some states referred to as an arraignment and
  in other states an arraignment is different from
  first appearance.

3
Steps in the Pretrial Process

• Arrest
• Booking
• Initial appearance
• Preliminary hearing
• Grand jury indictment or sworn information
• Arraignment
• Guilty plea or trial

4
Complaint

• Legal document, e.g., indictment or information
• Sets forth the charge or charges against the
  defendant
• If accused not in custody, usually an arrest
  warrant is issued based on the complaint.

5
Demurrer to Complaint

• Attacks the legal sufficiency of the complaint
• Examples include
• Grand jury had no legal authority to inquire into
  the offense charged
• The accusatory pleadings do not conform to
  required provisions of state penal code

6
Reasons a Criminal Case Is Dismissed Include

• Evidence problems
• Witness problems
• Interests of justice
• Due Process problems or questions
• Plea accepted in another case
• Pretrial diversion
• Referral for other prosecution

7
Bail

• Stack v. Boyle
• Eighth Amendment prohibits excessive bail.
• Traditional purpose of bail was to ensure
  defendants presence at trial.
• Bail Reform Act of 1984denial of bail permitted
  for protective reasons.

8
Protective Detention

• Burden of proof in a protective detention hearing
  is placed on prosecution and requires government
  to establish the need for detention by clear and
  convincing evidence.
• Government must establish that no condition
  exists that will assure the safety of the persons
  concerned.

9
Amount of Bail

• Only necessary to ensure the presence of
  defendant at trial. Any amount in excess of that
  would amount to excessive bail.
• Bail must be individually set in each case, but
  courts can use a bail schedule to establish
  presumptive amounts.

10
Pretrial Release Mechanisms

• Field citation and release
• Station house citation and release
• Jail citation and release
• Direct release based on a pretrial program
• Bail based on a schedule
• Judicial bail