|
Back The Process in a Felony Case by Darren Kavinoky The Process in a Felony Case Initial Arraignment The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability to hear the charges being held against the defendant. Both in-custody and out-of-custody defendants must be arraigned without undue delay, no more than two calendar days after arrest, excluding Sundays and holidays. There are two arraignments in a felony case. This first arraignment will call for the defendant to make a plea of ˇ§guilty,ˇ¨ ˇ§not guilty,ˇ¨ or ˇ§nolo contendere.ˇ¨ If the defendant is in custody, the court will determine whether the defendant will be allowed to post bail. If the defendant pleads not guilty, the judge will set a date for a preliminary hearing. Preliminary Hearing A preliminary hearing is to determine whether the defendant will be bound over to the higher court. A preliminary hearing must be set within 10 court days after the date the defendant is arraigned or enters a plea, whichever occurs later. This time requirement applies whether or not the defendant is in custody or out of custody. However, the magistrate may deem there is good cause for a continuance, or the time may be waived by both the prosecutor and the defendant, therefore extending the preliminary hearing past the ten-day period. However, hearing must be held within 60 days even if good cause for continuance is shown unless there is a time waiver. The district attorney must put on enough evidence to establish that there is probable cause to believe that a felony has been committed and that the defendant should be bound over for trial in the higher court. In making this determination, the judge uses the Author's Biography: Posted on: July 5,2006 Email: Dsm4life1@juno.com Website: http://www.nocuffs.com |
|
Resources | Submit an Article | Suggest a Category | Terms & Conditions Add URL | Feedback | Free Content Copyright © KD & R Designs. All rights reserved. 2005 |
