Wednesday, September 26, 2007

 

First Court Hearing

Typically, a criminal defendant's first court hearing is an arraignment before a judge or magistrate. An arraignment is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established , the defendant must be released. If bail has not been set, it is often set at the same time as the arraignment. Bail is often granted in a standard amount, depending upon the crime charged.

In some jurisdictions, there is a subsequent "formal" arraignment, where the formal charges ("indictment" or "information") are presented to the defendant. These charges are drafted by the prosecutor, and may vary from an original charges that were drafted by the police.

SHALOM!
PEACE BE WITH YOU!



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