After an arrest, a defendant goes through an initial court appearance where a judge sets bail and may appoint an attorney. While awaiting trial, a defendant can be released after paying bail or on their own recognizance. Some states require a preliminary hearing where the prosecutor must show probable cause that a crime was committed, while other states use a grand jury to issue an indictment. Prior to trial, the defendant and their attorney can file pretrial motions such as requesting more time to prepare, a change of venue, or suppressing certain evidence. At arraignment, the defendant enters a plea of guilty, not guilty, or no contest.

2.  I. Booking and Initial Appearance
 After an arrest, the accused is taken to a
police station
 A. Booking- formal process of making an
arrest on record
 Personal Information, then photographed
and fingerprinted

3.  B. Accused must appear before a judge for
initial appearance
 Judge sets bail and may appoint attorney
 Defendant enters plea in misdemeanor
(not in felony case)

4.  II. Bail and Pretrial Release
 Arrested person can be released after putting
up an amount of money called bail
 A. Bail is used to ensure defendant will
return to court; money is kept if they don’t

5.  B. Some defendants are released on
personal recognizance, or personal bond
 C. Bail Reform Act (1984) prevents bail if
person is dangerous or a previous felon
 Studies showed many people committed
crime while out on bail

6.  III. Information
 In most states, a defendant will proceed with
a trial for a misdemeanor with a prosecutor’s
information- details the circumstances based
on investigation

7.  IV. Preliminary Hearing
 Where the prosecutor must establish that a
crime was committed and the defendant
probably did it
 Half of states use this screening device

8.  V. Grand Jury
 A group of people (16 to 23) that issue a
formal charge in court called an indictment
 - All federal cases require a grand jury
indictment

9.  VI. Pretrial Motions
 A. Continuance- more time to prepare
 B. Change of Venue- Different location for
trial
 C. Suppression of Evidence- Request that
certain evidence not be used in court

10.  VII. Felony Arraignments and Pleas
 After indictment is issued, the defendant
must enter a plea:

11.  1. Guilty- Judge sets date for sentencing
 2. Not Guilty- Judge sets date for trial and
asks defendant if they want a judge or jury
 3. Nolo Contendere (No contest)-
Defendant does not admit guilt but does
not contest the charges
 - Goes right to sentencing
 - Same as guilty, but it cannot be used as
evidence later in a civil trial