The Pre-Trial Process

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The Pre-Trial Process
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DECISION TO CHARGE

• The following individuals can file
  chargesDistrict Attorney - The District
  Attorney files charges against an individual if
  they believe there is sufficient evidence to
  convict the suspect. . In Juvenile cases, the
  probation department is instrumental in deciding
  whether or not to charge the defendant.
• Neither Police or victims file charges. They
  only make recommendations to the prosecuting
  attorney if charges should be filed.

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Booking

• When a suspect is booked the following occurs
• The suspect is taken to the law enforcement
  station.
• They are asked a series of routine questions.
• They are lawfully searched with or without
  consent.
• The suspect is fingerprinted and photographed.
• A decision is made as to what area of the jail to
  assign the arrestee
• .

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FILING THE COMPLAINT

• The prosecuting attorney files this document with
  the court to show that charges are being filed.

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Initial Appearance

• Every arrested person shall be taken before a
  judicial officer within 24 hours of arrest.
• In Pinellas this is called the Advisory Hearing

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• Defendant will be read rights, charges against
  them and bail set.Amount of bail is determined
  by the seriousness of the offense and by the
  Judge.
• Bail can be 0 if the person is released "on
  their own recognizance (R.O.R.)"
• If charged with misdemeanor, accused may enter
  plea and judge will immediately sentence.

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PROBABLE CAUSE HEARING

• - If suspect not formally charged within 72 hours
  - may request this hearing.
• Judge determines if there is probable cause to
  continue to hold person in jail. Defendant is
  usually not present.

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PRELIMINARY HEARING

• - Within 21 Days of arrest, if state attorney
  has not yet filed formal charges.
• A mini-trial but only prosecutor presents
  evidence defense cross-examines.
• Judge may find there is not a strong enough case
  at this time and order release.

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Arraignment

• D. is taken before the Circuit Ct
• informed of charges.
• D enters plea.
• Often it is not necessary for accused to appear
  for arraignment because lawyer can enter a
  written plea on their behalf.

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FILING OF THE CHARGES

• The information
• Formal document filed by DA
• Crimes that D. will be put on trial for

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Indictment

• Prosecutor may refer the case to the grand jury.
  Grand jury consists of 15-18 citizens who meet in
  secret and consider evidence in number of
  different cases and decide whether to formally
  charge.

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The Arraignment

• The defendant is taken before the Circuit Court
• Informed of formal charges.
• Defendant will answer to the charges and enter
  plea
• Trial date is set.
• Often it is not necessary for accused to appear
  for arraignment because lawyer can enter a
  written plea on their behalf.

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PRE-TRIAL CONFERENCE

• Defense attorney plea-bargains with prosecuting
  attorney, negotiates to obtain the best "deal"
  or plea for their client.
• Deal" might include
• a lesser charge.
• lesser punishment for the same charge.
• number of counts may be dropped.
• Judge assigned to the case must agree to the
  terms of the deal

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PRE-TRIAL MOTIONS filed by D. attorney
requesting court

• For Continuance postpone trial
• To exclude not allow certain evidence to be
  admitted
• Discovery for prosecutor to disclose their
  evidence. In return D. must disclose also
• Change of Venue Move the trial to a different
  location