LAW 393 Lecture Notes - Lecture 5: Jury Trial, Misdemeanor, Peremptory Challenge
Magistrate must make PC determination without unnecessary delay and w/in 48 hours.
A failure to do so results in the arrestee having the right to be released on bond (bond can be no more
than $10K and it can be a personal bond if necessary to ensure release)
What procedural step can D take to seek a reduction in bail and what argument can you make for such a
reduction?
File a writ of habeas corpus in district court
Factors to be considered in setting bail and deciding whether bail is excessive are: LASSO
1) Likelihood of D appearing for trial
2) Ability of D to make bail
3) Seriousness of the crime charged
4) Future safety of the victim and the community
5) Required bail is not to be an instrument of oppression
Can a D waive the right to be charged by indictment with a felony?
If D can waive that right, what is the procedural step by which a D may do so?
Yes, D may waive indictment in all prosecutions, except ones for capital murder
To waive indictment and instead be charged by information, D:
(1) must be represented by counsel
(2) must waive in writing or in open court; AND
(3) waiver must be voluntary
Can a court compel a W who was summoned to the grand jury proceedings to answers questions of the
grand jury?
Yes, court can compel W to answer grand jury questions (unless W were to have a legit claim that her
answers would incriminate herself)
find more resources at oneclass.com
find more resources at oneclass.com
To compel W to answer, the court may impose a fine of up to $500 or commit W to jail until W is willing
to testify
Can 2 or more offenses be charged in one indictment?
Yes, 2 or more offenses can be charged in one indictment when they arise in the same criminal episode
Does D have the right to an examining trial on the charges alleged in the indictment?
No, a D's right to an examining trial is eliminated once a D has been indicted by a grand jury
How many days before the pretrial hearing must you file a motion for discovery?
What consequences are there if you fail to file discovery by that time?
Motion for discovery must be filed 7 days before the pretrial hearing.
Failure to meet this deadline will prevent filing the motion later, except by permission of the court for
good cause shown
What type of evidence must State turn over to D and when?
Prosecutor must turn over material evidence for D's inspection and copying as soon as practicable after
receiving a timely request from D
If a plea agreement with DA is reached providing for probation, is probation for the D guaranteed?
No, a judge is not obligated to impose the sentencing agreement reached by the parties. If the judge
imposes a different sentence then the D has the right to withdraw his plea
Can a D charged with a felony waive the right to have a jury determine guilt/innocence?
If so, what procedural steps must be taken to do so?
Yes, a D can waive her right to be tried by a jury in all cases except for capital murder prosecutions
where the State seeks the death penalty.
Waiver of jury trial requires consent of the prosecutor and judge
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Magistrate must make pc determination without unnecessary delay and w/in 48 hours. A failure to do so results in the arrestee having the right to be released on bond (bond can be no more than k and it can be a personal bond if necessary to ensure release) File a writ of habeas corpus in district court. Yes, d may waive indictment in all prosecutions, except ones for capital murder. To waive indictment and instead be charged by information, d: (1) must be represented by counsel (2) must waive in writing or in open court; and (3) waiver must be voluntary. Yes, court can compel w to answer grand jury questions (unless w were to have a legit claim that her answers would incriminate herself) To compel w to answer, the court may impose a fine of up to or commit w to jail until w is willing to testify.
