Ch. 10 The Pretrial Process

Chain of custody

A chronological documentation (or paper trail) showing how seized evidence has been preserved, transferred, analyzed, and disposed of. It is mainly a record of the individuals who have had physical possession of the evidence at any point during the criminal process.

Probable Cause Hearing

A hearing in which a judge decides whether there was probable cause for arrest. If the arrest was with a warrant, the probable cause hearing is not necessary. Also called a Gerstein hearing (for the Supreme Court's decision in Gerstein v. Pugh).

Preliminary Hearing

A hearing that serves as a check on the prosecutor's charging decision. The standard of proof is probable cause, and the main inquiry in the hearing is whether there is probable cause to take the case to trial. The preliminary hearing is to be distinguished from the initial appearance, the probable cause hearing, and the pretrial release hearing. It almost always takes place after one of these hearings as well as after the charging decision.

Guilty

A plea in which the defendant claims responsibility for the crime with which he or she has been charged.

Not Guilty

A plea in which the defendant does not claim responsibility for the crime with which he or she has been charged. A not guilty plea is not the same as a plea of innocent. There is no plea of innocent.

nolo contendere

A plea similar to guilty with a literal meaning of "I do not desire to contest the action." It resembles a guilty plea but is different in the sense that it may not be used against the defendant in any later civil litigation that arises from the acts that led to the criminal charge.

Bail

A process by which a defendant pays a certain amount of money in order to be released from jail prior to his or her trail date. Defendants who appear for trial receive their money back. Those who fail to appear for trial forfeit the bail amount

Bail bond agent

A professional who posts the defendant's bail in exchange for a fee.

Pretrial Release

One of several methods to release a defendant prior to his or her trial date.

Release on Recognizance (ROR)

The accused is released with the assumption that he or she will show up scheduled for court hearings.

Preventive Detention

The act of denying bail to certain defendants who are either dangerous or pose a high flight risk.

Initial Appearance

The first appearance of an accused person before a judge. Trial may occur for misdemeanors.

Booking

The process by which an arrest is officially documented and the arrestee is placed into custody. During booking, the arrestee's personal items will be inventoried and he or she will be fingerprinted and/or photographed.

Discovery

The process by which each party to a case learns of the evidence that the opposition will present.

Allocution

When the defendant explains to the judge exactly what he or she did and why. The defendant is usually required to allocute when he or she pleads guilty.