Steps in A Trial

Trial Procedures
From arrest to appeal

1
acquittal, action, adjournment, adjudicate, adjudication, adversary system,
affiant, affidavit, affirm, allegation, allege, amend, answer, appeal,
appellant, appellee, arbitration, arraignment, at issue, award, bail, bailiff,
Bar Association, bench, brief, case, case capital, certified copy, certify,
change of venue, charge to the jury, Chief Justice, Chief Judge, circuit,
citation, civil suit, claim, clerk's minutes, closing argument, codicil,
commitment, commute a sentence, compensatory damages, complainant,
complaint (civil), complaint (criminal), concurrent sentences, consecutive
sentences, contempt of court, conviction, counsel, counterclaim, cross
examination, damages, decision, decree, default, defendant,
deliberations, deponent, deposition, direct examination, dismissal,
dispose, disposal, district, District Court, due process, estop, estoppel,
eviction (warrant of), evidence, execution, exhibit, expunge, fee, felony,
fiduciary, finding, fine, foreclosure, foreperson, habeas corpus, hearing,
hearsay, hung jury, empanelling, indictment, injunctions, instructions,
interpreter, judge, judgment, judgment roll, jurisdiction, jury, litigant,
litigation, material witness, minutes, misdemeanour, mistrial, moot, oath,
objection, opening statement, overrule, parties, plaintiff, Penal Code,
perjury, peremptory challenges, petit jury, preliminary hearings,
pleadings, power of attorney, probable cause, precedent, probate,
probation, proceeding, prosecution, prosecutor, public offence, rebuttal,
recuse, redirect examination, relief, sanction, seal, sequester a jury,
status offence, statutes, statute of limitations, stay, stipulation, stipulation
of settlement, subpoena, suit, summons, sustain, testify, testimony, trial,
venire, venue, verdict, voir dire examination, waiver, warrant, witness,
writ of mandamus, writ of prohibition

Trial Procedures Outline
1. Arrest
2. Booking and Bail
3. Arraignment
4. Discovery
5. Preliminary hearing or Grand Jury
6. Prosecutor information or Grand Jury indictment
7. Plea bargaining
8. Trial
9. Jury verdict
10. Sentencing
11. Appeal
3
ARREST
A person is
deprived of their
freedom.
4
ARREST
Rights of an arrested person
are found in the 5
th
, 6
th
, and
8
th
amendments of the U.S.
Constitution
5
5
th
amendment
6
The police and the
prosecutor are trying
to convict you.
You are not required
to help them.

6
th
amendment
7
Informed of the nature
and cause of the accusation
Speedy and public trial
Impartial jury
Assistance of counsel
Confront witnesses
In toate cazurile penale acuzatul trebuie s aib dreptul la o judecat public
rapid de ctre un juriu imparial din statul i districtul unde crima va fi fost
comis, care district va fi fost stabilit n prealabil dupa preceptele legale;
acuzatul trebuie s fie informat cu privire la natura i motivul acuzaiei; s fie
confruntat fa n fa cu martorii care depun mrturie mpotriva lui; s existe o
procedur obligatorie pentru a obine martori n favoarea sa i s aib
asistena unui avocat pentru apararea sa.
8
th
amendment
8

No excessive bail
No excessive fines
No cruel or unusual punishment
Excessive bail shall
not be required, nor
excessive fines
imposed, nor cruel
and unusual
punishments
inflicted.
ARREST
Rights of an arrested person:
Cannot be forced to be a
witness against themselves.
9
ARREST
Cannot be deprived of life,
liberty, or property without
due process of law.
10
ARREST
Know the charges
11
ARREST
Know the charges
Names of arresting officer(s)
12
ARREST
Know the charges
Remain silent
13
ARREST
Know the charges
Remain silent
Use the telephone
14
ARREST
Know the charges
Remain silent
Use the telephone
Bail
15
ARREST
Know the charges
Remain silent
Use the telephone
Bail
Have an attorney during questioning
16
ARREST
Know the charges
Remain silent
Use the telephone
Bail
Fair trial
17
ARREST
Know the charges
Remain silent
Use the telephone
Bail
Fair trial
Presumed innocent
18
BOOKING AND BAIL
20
BOOKING AND BAIL
Arrested person brought to jail
21
BOOKING AND BAIL
Booking is the jail intake procedure
22
BOOKING AND BAIL
Booking
Searched for weapons
23
BOOKING AND BAIL
Booking
Personal belongings catalogued and retained
24
BOOKING AND BAIL
Booking
Fingerprinted
25
BOOKING AND BAIL
Booking
Fingerprinted
Mug shot
26
BOOKING AND BAIL
Booking
Fingerprinted
Mug shot
Check for warrants
27
BOOKING AND BAIL
Booking
Fingerprinted
Mug shot
Check for warrants
Data entered into computer system
28
BOOKING AND BAIL
Booking
Fingerprinted
Mug shot
Check for warrants
Data entered into computer system
Bail set
29
6 ways to get out of jail
while waiting
for your court date:
Cash bail
Surety bail
Property bond
Custody of your parents (for juveniles)
O.R.
Release on citation (Cite Out)
30
BOOKING AND BAIL
After booking, the arrested person may not have
to stay in jail until their trial.
They may be released on bail.
31
BAIL
Each county sets an amount of
money (bail) someone can pay
to the court as a promise that
you will return for your trial.
32
BAIL
Bail amount is different for different crimes.
33
BAIL
Bail amount is different for different crimes.
(see Felony and Misdemeanor Bail Schedule)
34
http://www.saccourt.ca.gov/criminal/docs/felony-misdemeanor-bail-schedule.pdf
35
36
37
38
39
BAIL
Two major types of bail:
Cash Bail
Surety Bail Bond
40
CASH BAIL
Someone pays the entire
amount of the bail in
cash, for example
$50,000
41
CASH BAIL
cash, for example
$50,000
This $50,000 will be kept by the court if the accused
does not return to court for all of his/her court
dates until the conclusion of the case.
42
CASH BAIL
cash, for example
$50,000
This $50,000 will be kept by the court if the accused
does not return to court for all of his/her court
dates until the conclusion of the case.
If the accused returns to all court dates, the $50,000
is returned to the person who submitted it.
43
BAIL
Two major types of bail:
Cash Bail
Surety Bail Bond
44
SURETY BAIL
BOND
If you dont have
$50,000 in cash,
you can get a
bail bond
agency to pay it
for you
45
46
SURETY BAIL
BOND
Someone pays a
bail bond agency
10% of the bail
and gives the bail
bond agency
ownership of some
collateral for the
rest of the bail.
47
48
SURETY BAIL
BOND
Someone pays a
bail bond agency
10% of the bail
and gives the bail
bond agency
ownership of some
collateral for the
rest of the bail.
Collateral:
49
SURETY BAIL
BOND
The bail bond
agency pays the
entire bail for
you.
You get out of jail.
50
SURETY BAIL
BOND
If you show up for
all your court
dates, the person
who put up the
collateral gets
ownership of the
collateral back
from the bail
bond agency.
Collateral:
51
SURETY BAIL
BOND
They never get
their money
back from a bail
bond agency.
52
SURETY BAIL
BOND
They never get
their money
back from a bail
bond agency.
The 10% belongs
to the bail bond
agency.
53
SURETY BAIL
BOND
They never get
their money
back from a bail
bond agency.
The 10% belongs
to the bail bond
agency.

54
PROPERTY BOND
Rarely used
The court puts a lien on
the arrestees house
If arrestee does not
appear in court, the
house is sold at auction.
55
PARENT CUSTODY
If you are under 18 years old, you can be released
to the custody of your parents or legal guardian.
In some US counties,
there is no bail for
juveniles.
56
O.R.
You may not have to stay in jail
until your trial.
At your arraignment (first time in
front of a judge), you may be
released on your own
recognizance, nicknamed O.R.
57
O.R.
You or your attorney asks the
judge to release you from jail
on your own recognizance
You promise to return to court on your trial date
Judges look at
Whether the you pose a threat to public safety
The seriousness of the crime
Your criminal history
Your flight risk
You are trusted to return to court on your court date.
58
CITATION RELEASE CITE OUT
Instead of being
arrested (for
trespassing, for
example) the police
may just give you a
citation (a ticket)
telling you to pay a
fine or appear in
court.
You are immediately
released.
59
6 ways to get out of jail
while waiting
for your court date:
Cash bail
Surety bail
Property bond
Custody of your parents (for juveniles)
O.R.
Release on citation (Cite Out)
60
Charge/Warrant Request
After booking and
bail it set, police fill
out a
charge/warrant
request and send it
to the District
Attorneys office to
start the
prosecution.
61
COMPLAINT
The district
attorneys office
takes the police
charge and
creates a
complaint
A complaint is a
piece of paper
that shows
what crimes
you are accused
of.
62
ARRAIGNMENT
A court proceeding.
(First time in front of a
judge in a courtroom)
63
ARRAIGNMENT
If in custody, must
happen within 2 court
days of your arrest
64
ARRAIGNMENT
If you are bailed out of
jail, may be weeks after
your arrest.
65
ARRAIGNMENT
First appearance before a judge
Charges explained (Charging document = complaint)
66
ARRAIGNMENT
Advised of rights
67
ARRAIGNMENT
Advised of rights
Attorney assigned
68
ARRAIGNMENT
Advised of rights
Attorney assigned
No witnesses or evidence; no arguments
69
ARRAIGNMENT
Advised of rights
Attorney assigned
Released on O.R. (Own Recognizance) or bail
is set, adjusted, or revoked.
70
ARRAIGNMENT
Advised of rights
Attorney assigned
Enter a plea of guilty, not guilty or no contest
(Nolo contendere).
71
PLEAS
72
Guilty Not Guilty No Contest
PLEAS
Guilty means you
admit you did
exactly what the
complaint says you
did and that youre
ready to receive your
punishment.
73
PLEAS
Not Guilty means
you deny that you
did what the
complaint says you
did.
74
PLEAS
No contest - a plea where the defendant neither
admits nor disputes a charge, serving as an alternative to
a pleading of guilty or not guilty. A no-contest plea, while
not technically a guilty plea, has the same immediate
effect as a guilty plea, and is often offered as a part of a
plea bargain.
75
ARRAIGNMENT
Advised of rights
Attorney assigned
Plea bargain?
Enter a plea of guilty, not guilty or no contest.
76
ARRAIGNMENT--Melissa Huckaby
http://www.youtube.com/watch?v=89PSY7vUZNM
77
DISCOVERY
Both sides get time to discover the truth by:
78
DISCOVERY
Both sides get time to discover the truth by:
Conducting depositions (interviewing witnesses
face-to-face under oath)
Sending out interrogatories (written
questionnaires)
Ordering lab tests on physical evidence
Ordering medical examinations
Ordering mental examinations
Obtaining documents (subpoena, if necessary)
79
SUBPOENA
A court order for a person to arrive at a
certain place at a certain time
A court order to supply documents
80
SUBPOENA
81
DEPOSITION
82
The sworn testimony of a witness
DEPOSITION
83
DEPOSITION
Court Reporter
84
DEPOSITION
Witness
Court Reporter
85
DEPOSITION
Court Reporter
Witness
Witness Attorney
86
DEPOSITION
Court Reporter
Witness
Witness Attorney
Opposing Attorney
(Questioner)
87
DEPOSITIONTupac (3min clip)
http://www.youtube.com/watch?v=9DBAcZpY90k
88
taken before trial, usually in a lawyers office
DEPOSITION
89
taken before trial, usually in a lawyers office
not testimony taken in a courtroom
no judge present
witness is placed under oath
questions and answers are recorded
lawyers for one party may ask questions
If the witness is unavailable to testify at trial, the
deposition of that person may be used
Part of the pre-trial discovery (fact-finding) process
DEPOSITION
90
INTERROGATORIES
91
Written questions to the other
party
(NOT to a third party)
A way to discover the truth
before a trial
Written responses to an
interrogatory are given under
oath and can be used in court
INTERROGATORIES
Interrogatory 1:
Please identify all
persons known to you
to have personal
knowledge of the
facts pertaining to the
occurrence, and
indicate those who
were eye witnesses,
and state the
substance of their
knowledge and
articulate their
expected testimony.
92
PRELIMINARY HEARING or GRAND JURY
93
Is there enough evidence to take this case to trial?
94
PRELIMINARY HEARING
Happens within 14 days of the arraignment.
95
PRELIMINARY HEARING
Lawyers, witnesses, evidence, and a judge
96
PRELIMINARY HEARING
No jury at a preliminary hearing
97
PRELIMINARY HEARING
Prosecutor presents enough evidence to
convince the judge that a crime probably took
place and the defendant probably did it.
98
PRELIMINARY HEARING
Judge decides if the defendant should be:
bound over for trial
case should be dismissed
charge should be reduced to a misdemeanor.
99
2
nd
ARRAIGNMENT
If the case is bound
over, the defendant
is again arraigned
(given formal notice
of the charges
against him or her).
The charging document is now called
an Information.
100
An INFORMATION
A piece of paper
prepared by the
prosecutors office
that contains the
charges that will be
used in a court jury
trial.
101
An
INFORMATION
102
An INFORMATION
103
104
Grand Jury
105
They are ordinary
citizens.
They dont have
to have any
experience with
the law.
Grand Jury
106
The members of the Grand Jury volunteer to
work for one year (no pay).
Grand Jury
107
Be 18 years old
Be a citizen of Sacramento County
Not be a felon
Read and speak English

YOU can volunteer to be on Sacramento
Countys Grand Jury (a very good idea if youre
serious about a career in law).
To be on the Grand Jury, you need to:
108
Citizens apply for a position online in January
and, if selected, take a seat on the Grand Jury
from July 1 to June 30.
Grand Jury
109
Two duties:

1.Investigate public officers, offices and
transactions within the county.
Grand Jury
110
Two duties:

1.Investigate public officers, offices and
transactions within the county.
2.Consider criminal matters brought by the
District Attorney to determine if sufficient
evidence exists to support the case going to trial
(just like a Preliminary Hearing does, except the
Grand Jury meets in secretnot open to the
public).
Grand Jury
111
If the Grand Jury finds that
there is enough evidence
to have a trial, they create
a charging document
called an Indictment.
Grand Jury
112
An INDICTMENT
A piece of paper
prepared by the
Grand Jury that
contains the charges
that will be used in a
court jury trial.
113
An INDICTMENT
114
An INFORMATION
Do you remember
what this is and who
prepares it?
115
An INFORMATION
A piece of paper
prepared by the
prosecutors office
that
court jury trial.
116
An INDICTMENT
A piece of paper
prepared by the
Grand Jury
that
court jury trial.
117
118
Plea
Bargaining
119
120
Plea Bargaining
Anytime before
the verdict is read
by the judge,
plea bargaining
may take place.
Plea Bargaining
Plea bargaining means the
arrested person is willing to
plead guilty to a lesser charge.
121
Anytime before
the verdict is read
by the judge,
plea bargaining
may take place.
The arrested person and their attorney will
bargain with the prosecutor: If youll drop
the charges, Ill plead guilty to a lesser crime. Is
it a deal?
122
Plea Bargaining
Avoids
all the hassle of a jury trial.
the possibility of being convicted of a more
serious crime and being sentenced more harshly.
Plea Bargaining
123
For example, a person charged with first-degree
murder may be sentenced to death if convicted
by a jury.

The person may be willing to plead guilty to
second-degree murder to avoid the jury and the
possibility of the death penalty.
Plea Bargaining
124
For example, an arrested person may be willing
to plead guilty to trespassing instead of going to
trial for burglary.
Plea Bargaining
125
Its completely up to the prosecutors office and
the judge to accept a plea bargain.

Plea Bargaining
126
Its completely up to the prosecutors office to
accept a plea bargain.

Plea Bargaining
If they think
the evidence is
strong, they
dont have to
accept a guilty
plea to a lesser
charge.
127
JURY TRIALS
128
2 Types of Juries
129
2 Types of Juries
Petit Jury
130
2 Types of Juries
Petit Jury Grand Jury
131
Petit Jury
132
The ordinary
trial jury of
twelve people
the kind you see
on TV shows and
the movies.
Petit Jury
133
Duty: Find out
the facts.
Petit Jury
134
A new jury is
formed for each
court case.
Petit Jury
135
Federal criminal
juries consist of
12 people, who
must all agree
on a verdict (a
unanimous
verdict).
Petit Jury
136
Federal civil
juries may
consist of six
people.
Petit Jury
137
California state
civil juries
consist of 12
people, but only
9 of them have
to agree.
Petit Jury
138
7 Steps in a Jury Trial
139
1. Jury selection
2. Opening statements
3. Introduction of evidence
4. Closing arguments
5. Jury instructions
6. Jury verdict
7. Court sentencing
140
1. Jury selection
141
142
143
144
145
6. Jury verdict
146
7. Court sentencing
147
1. Jury selection
6. Jury verdict
7. Court sentencing
148
Sentencing (ordering punishment)
If a defendant has been
found guilty at trial or has
plead guilty, a new court
hearing is set to determine
the imposition of a
sentence (a punishment)
TRIAL IN COURT
SENTENCING
IN COURT
149
Sentencing
Witnesses (such as
family members) may
bring compounding or
mitigating information
to the judge at the
sentencing hearing.
150
Sentencing
Compounding information:
the punishment should be harsh
examples: previous convictions, heinous crime

Mitigating information:
the punishment should be lenient
examples: payment of restitution, first offence
151
Sentencing (ordering punishment)
Probation Fine Jail/Prison
152
Appeal
Appeal: Ask for a new trial.
Reasons for an appeal:
The trial was unfair.
The judge made a mistake.
The law is unconstitutional.
NOT I didnt like the decision of the lower court
Brown v. Board of Education
153

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Trial Procedures

From arrest to appeal

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