Criminal

Pretrial Procedures

Class
Student’s Name Date
Prosecution

• Process for bringing criminal

charges against someone
accused of committing a crime
in the United States
The Prosecutor's Role
• Bringing charges against persons
accused of crime
• Deciding whether to plea bargain a
case
• Recommending that charges be
dropped
• Acting as the state’s attorney in
presenting evidence at criminal
trials
• Advocating for the rights of victims
The Defense Attorney's Role
• Protecting the defendants' constitutional rights at
all stages of the legal proceedings
• Interviewing the client (the accused) and
obtaining as many facts as possible
• Developing and advising the defendant on a
defense strategy
• Keep track of scheduled court proceedings
• Plea bargaining in the defendant’s best interest
• Advising the client regarding potential fines and
sentences that could be imposed
• Preparing the case for trial
• Presenting the defense during any trial of the
matter
The Steps Following a Crime
Pre-Trial Steps in the Criminal
Justice System
• Crime is reported
• Police investigation of crime
• Accused Arrested
• Booking at Jail
• Investigation Continues
• Initial appearance / arraignment / bail
• Preliminary hearing
• Grand jury review
• Criminal charge:

• Prosecutor may initiate the proceedings by

returning an information OR

• Grand jury indictment.

The Grand Jury
• Hears evidence presented by
prosecutor, decides if probable cause to
return an indictment presented

• True bill: the indictment returned by a

grand jury

• May also initiate investigations

• Begins by returning a presentment—an

official document asking for the
prosecutor to prepare an indictment.
Arraignment
• Judge reads the indictments or information to
the defendants, inform them of their
constitutional rights, and ask for pleas to the
charges.

• Not guilty plea - date is set for trial

• Guilty plea - a date is set for formal

sentencing

• Nolo Contendere plea (“I do not contest it) –

date is set for sentencing
Pretrial Court Activity
• Pretrial motions are filed
• A motion is a document filed with
the court by either the prosecutor
or defense attorney (served on
the other party), requesting the
court to enter an order or ruling

• Discovery – getting the other

side’s evidence
•Depositions - testimony
•Interrogatories – written
 Jury Selection

• Jury pool is from random selection of

voters

• Voir dire is conducted

• Fair and impartial jury is selected to

hear evidence and decide case