Showing posts with label Criminal Procedure 101: The Arrest of the Defendant. Show all posts
Showing posts with label Criminal Procedure 101: The Arrest of the Defendant. Show all posts

Monday, July 8, 2013

Criminal Procedure 101: The Arrest of the Defendant


In the federal system, accused persons are usually arrested after a grand jury formally charges them with a crime. ([ ], a judge may issue an arrest warrant before indictment upon the filing of a complaint setting forth sufficient evidence to establish probable cause.)  Generally, the AUSA will apply to the court for the issuance of a warrant of arrest for the person named in the indictment. Depending on a number of factors, the defendant may, after arrest, be released on bail (provisional liberty or conditional release) pending trial or may remain in prison. These factors include the seriousness of the crime, the criminal history of the accused, and the likelihood that he or she will become a fugitive.  A judge determines whether a defendant is to remain in prison or is to be released, and, if released, on what conditions. These conditions may include a requirement that the defendant, or someone acting on the defendants behalf, pledge money or other property that will be forfeited if the defendant fails to appear for trial. 
Soon after the defendant is arrested, he or she will be brought before a judge.  The judge will inform the defendant of the charges against him or her and ask whether the defendant pleads guilty or not guilty to the charges.  This proceeding is called the arraignment. 

 source quoted from here