Embedded Files
*can differ slightly by circuit/court
In Pretrial - victims and witnesses may be subpoenaed to be deposed
During Trial (before sentencing)
some judges will allow victims to be present for jury selection
victims have the right to be present in the courtroom for all testimony presented
courts are required to provide safe waiting area for victims
victims/witnesses entitled to witness fees (varies by county)
INITIAL HEARING
Within 48 hours of arrest, the defendant will have their first appearance where bond and special conditions may be set.
Within 48 hours of arrest, the defendant will have their first appearance where bond and special conditions may be set.
Afterwards, a bond hearing will be set within 7 days where the defendant can request that the bond be lowered.
The defendant can ask that their bond be reduced at these hearings.
Victims may offer a victim impact statement at each bond reduction hearing.
If bond is reduced, it then becomes more likely that a defendant will be released from custody.
- At the preliminary hearing, the judge will determine whether or not there is probable cause that a defendant committed a specific crime
This means that the judge decides if there is enough evidence to suggest that a certain person did a certain crime
- The proceeding is PUBLIC
IF THERE IS PROBABLE CAUSE
IF THERE IS PROBABLE CAUSE
The case will go to a hearing or trial
IF THERE IS NOT PROBABLE CAUSE
IF THERE IS NOT PROBABLE CAUSE
The court dismisses the case and the DEFENDANT IS RELEASED.
- Alternative to a preliminary hearing (depending on jurisdiction) - may be held or waived by defendant. In larger circuits (courts), a grand jury may be convened In place of a preliminary hearing
- Instead of a judge, a panel of citizens determines whether or not there is probable cause that a defendant committed a specific crime
- The proceeding is PRIVATE (not available to the public)
PRE-TRIAL
- The defendant is formally presented with the charges by a judge
- The defendant enters a plea
- Bond can be raised or lowered
- The defense submits charging and sentencing options in exchange for a guilty plea.
- This is mostly done to AVOID GOING TO TRIAL
- Benefits of a plea bargain:
to avoid further trauma to the victim that a trial would create.
shortens the time of contact/involvement with the court process
- The original trial date can be pushed forward
- This can happen because:
The court has a limited number of cases they can hear in a week/month; older cases will go first if they are ready for trial
The prosecution or defense can request more time in order to further prepare for the trial.
SENTENCING
Before sentencing, victims may offer a victim impact statement.
Before sentencing, victims may offer a victim impact statement.
Include a caegory for sentencing conditions and release terms - coming soon from state of MO.
Include a caegory for sentencing conditions and release terms - coming soon from state of MO.
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