There are several pre-trial process steps in the pre-trial procedure in criminal cases. These range from the initial arrest of the defendant to sentencing and possible appeals.
The general steps in pre-trial proceedings are discussed below.
Arrest
When an individual is arrested, they are taken into police custody, and they are no longer free to leave or move about as they wish. Physical restraints, such as handcuffs, are not necessary to constitute an arrest.
All that is required for an arrest is law enforcement authority over an individual. There are two situations in which an arrest may occur:
- When a law enforcement officer observes an individual commit a crime;
- When a law enforcement officer has probable cause to believe that an individual has already committed or is going to commit a crime.
Booking
After an individual is arrested, they are usually brought to a police state or department and booked. This means they are entered into the law enforcement system.
This process typically includes gathering personal information from a suspect, taking their fingerprints, and confiscating personal property they may have. After a suspect is booked, they are typically placed into a holding cell.
Bail
Bail is money that is paid by an individual who was arrested in exchange for their release from law enforcement custody. The individual agrees to appear in court for all of their scheduled court proceedings as a condition of their release.
In some cases, an individual may not be permitted to post bail right after they are booked. Instead, they are required to wait until a bail hearing is held or wait for their arraignment.
In these cases, the court will determine whether or not they will be granted bail as well as set the amount.
Arraignment
An arraignment is the first court proceeding for a defendant in a criminal case. At the arraignment, the court will read the criminal charges against the defendant and ask if they have an attorney.
The court will also ask them to enter their plea, which is typically guilty, not guilty, or no contest. Future proceedings, including the preliminary hearing and the trial, may be scheduled during the arraignment.
During the arraignment, the prosecution may provide the defendant and their attorney with documents they obtain related to the case, for example, a police report of the incident. The defendant has the right to an attorney, even if they cannot afford one.
If this is the case, the court will appoint a lawyer to represent the defendant at this point.
Plea Bargain
Many criminal cases end at the plea bargain stage when a defendant agrees to plead guilty. In many cases, they plead guilty to a lesser charge than the one they were facing.
In the alternative, the defendant may plead guilty in exchange for a lesser punishment that they may have received if they went to trial and were found guilty. If a defendant is charged with multiple offenses, they may, in some cases, plead guilty to only one of those offenses, and the prosecution will drop the other charges.
Plea bargains may also involve an agreement between the prosecution and the defense regarding the defendant’s punishment. A plea bargain may also be unagreed.
In these instances, the prosecution and the defense will suggest a punishment to the court, and the court will choose what it feels is appropriate. In some states, these types of pleas are said to be defense-capped.
This means that if the court chooses a level of punishment that is more severe than what was suggested by the defense, the defendant is permitted to withdraw their guilty plea and go to trial instead.
Preliminary Hearing
Following the arraignment, if a plea bargain is not entered into, a preliminary hearing is held. At this hearing, the court considers the prosecution’s evidence and determines whether there is sufficient evidence to charge the defendant with the crime.
It is important to note that the role of the preliminary hearing may differ by state.
What Is a Probable Cause Hearing?
A probable cause preliminary hearing, as discussed above, is one of the pre-trial steps before the trial phase of a criminal case. It is typically referred to as a preliminary hearing or a probable cause hearing.
This type of hearing is held to determine whether or not probable cause exists to conclude that a crime was committed and the defendant was the perpetrator. A criminal defendant can use this hearing as a defense because it requires the prosecution to provide adequate proof to show probable cause for the criminal case to go forward to trial.
Probable cause can be defined as “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” Every state has its own rules regarding preliminary hearings.
If a defendant is in custody, however, the hearing must be held within 30 days of the arraignment. If a defendant has pleaded guilty or no contest at their arraignment, there is no need for a preliminary hearing, and it would not occur.
If a defendant is not in custody, the preliminary hearing may not occur for 60 to 90 days following the arraignment.
When Is a Probable Cause Hearing Necessary?
Whether or not a probable cause hearing is required will depend partly on the laws of the state in which the case is being handled. In the majority of states, defendants who have been charged with felony offenses have the right to a probable cause hearing.
A defendant may also waive the probable cause hearing, which means they do not want it to occur. Defendants who are charged with misdemeanors do not have the same right to a probable cause hearing.
In some states, preliminary hearings are held in every severe case. In other states, the hearing will only be held at the request of the defense.
Some states only hold probable cause hearings in felony cases but do not in misdemeanor cases. An individual should consult with a criminal defense attorney to ensure they protect their rights concerning a probable cause hearing and whether or not they should waive that right.
What Occurs at a Preliminary Hearing?
At a preliminary hearing, the prosecution will present evidence and witnesses that establish probable cause that the defendant committed the crime with which they were charged. A defendant may cross-examine witnesses and present their own evidence to demonstrate that there is no probable cause that they committed the crime.
The court will examine all of the evidence and listen to the arguments of both sides. The court will then determine whether or not the defendant should be forced to stand trial.
What Are the Differences Between a Preliminary Hearing and a Trial?
There are several differences between preliminary hearings and trials, including:
- Preliminary hearings are much shorter and less time-consuming;
- A preliminary hearing typically only lasts a few hours, but a trial can take weeks;
- The preliminary hearing is decided by only a judge, where a judge or a jury may decide the outcome of a trial;
- The burden of proof on the prosecutor is much lower for a preliminary hearing than for a trial;
- The primary objective of a preliminary hearing is to determine whether there is enough evidence to force the defendant to stand trial;
- In contrast, a trial is meant to decide the defendant’s guilt or innocence.
Do I Need a Lawyer?
If you are facing any type of criminal charges, it is important to consult with a criminal lawyer. Your lawyer can advise you of the pre-trial stages in your state as well as what to expect during a trial.
Your lawyer will advise you of your legal rights and any possible defenses you may be able to present in court. Each time you are required to appear in a courtroom, your lawyer will be present with you.
Your attorney can also help you negotiate a plea bargain with the defense to try and have your charges reduced or your punishment less severe. Having a lawyer will help ensure your rights are protected throughout the pre-trial and trial process.
