tggarcia-Essay-Legal Rights Afforded to the AccusedUnit4.docx

Legal rights afforded to the accused 5 defendant a

This preview shows page 5 - 6 out of 6 pages.

Legal Rights Afforded to the Accused 5 defendant a chance to consult with counsel; and (3) deciding between detention or release. Fed. R. Crim. P. 5(d).]” (Wallace 2016). When John goes before the judge he will be required to stand and verify who he is, this is to ensure no mistake is being made about who the person is to avoid issues later during trial. The in most states the judge will explain to John the charges and the possible punishments. John will ask to enter his plea and it will be put on record. Arraignment is when John is taken in front of a judge at that time he can request legal counsel, either from a private attorney or from a public defender. It is the initial appearance of a defendant. He could also waive the right to counsel and defend himself. At this time he will enter his plea and possibly be given a bail amount. In conclusion, the right steps for John and his particular case is arrest suspect taking him into custody, booking which is the administrative record of arrest, the initial appearance to the judge where the notice of charge, advice of rights, setting of bail takes place. Preliminary hearing is in other words, test of evidence against defendant. Grand jury/information where review of evidence by grand jury; charge filed by prosecution. The arraignment is appearance for plea; defendant elects trial by jury or judge. Pretrial motions where motion to dismiss charges and motions regarding the admissibility of evidence and lastly, guilty plea/trial which means plea accepted or trial scheduled. The resources used are credited due to being government based and for educational purposes.
Image of page 5

Subscribe to view the full document.

Legal Rights Afforded to the Accused 6 References Homberger, J. (Feb. 2005). The Bill of Rights: The Rights of the Accused. Retrieved from Reuters, T. (1996, January 9). Arrest, Booking and Bail. Retrieved October 17, 2017, from Roberson, C. and Wallace, H. (2016). Procedures in the Justice System, Eleventh Edition. New Jersey: Pearson Education Inc.
Image of page 6

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern