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What documents in the pretrial criminal justice process are usually supported by affidavits?

Affidavits can be used in investigations, pretrial proceedings, bail hearings, & warrant applications


How can one navigate the process of getting into federal court?

Navigating the process of getting into federal court involves filing a complaint, serving the defendant, participating in pretrial procedures, attending court hearings, and presenting evidence. It is important to follow the rules and procedures set by the court and seek legal advice if needed.


What percentage of states uses grand juries as part of pretrial process?

The federal government and about half of the states.


Why are some defendants held in pretrial detention?

Some defendants are held in pretrial detention primarily due to concerns about public safety, the risk of flight, or the possibility of committing further crimes if released. Courts assess factors such as the severity of the charges, the defendant's criminal history, and ties to the community. Pretrial detention aims to ensure that defendants appear for their court dates and maintain the integrity of the judicial process. Additionally, it can serve to protect victims and witnesses from potential retaliation.


In a criminal action who is the person or party accused of an offense?

Depending on where in the process you are speaking of: "person of interest" - "suspect" - "arrestee" - "defendant. "


The removal of the defendant from the normal path of the criminal justice process to an alternative path is referred as?

Diversion


Approximately what percentage of states uses grand juries as part of the pretrial process?

The federal government and about half of the states.


How do you get a Federal class A misdemeanor off your record?

You cannot. Currently there is no operable process to expunge FEDERAL criminal records.


Which stage of the criminal justice process examine issues of fact and law for the purpose of reaching a judgment of conviction or acquittal of the defendant?

TRIAL


Which part of the arrest and pretrial process does the suspect become the defendant and the prosecutor presents the evidence of a crime?

The suspect becomes the defendant during the arraignment, which is the initial court appearance following arrest. During this stage, the defendant is formally charged and enters a plea. The prosecution may also present preliminary evidence to establish probable cause for the charges, which is essential for moving the case forward.


At what point in the criminal justice process must the defendant learn of their Miranda right?

Any time after arrest (or in custody by an LEO) and before questioning.


How does pretrial criminal process affect post arrest process and trial?

They give a starting point for both the prosecution and the defense to begin their investigation. In most cases, the report is inadmissible hearsay, but they give the first statement from the officers about what happened, and who is involved. Both sides use it to begin making lists of witnesses and to begin interviewing those witnesses.