Criminal Process: Arraignment, Bail, and Pre-Trial Stages

Introduction

Criminal law is meant to promote people's respect for the law and to maintain a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned with the objectives of a justice system. The trial system significantly addresses many points of subtlety and does a great job in its effort to uphold the rule of law. It is not necessary to know everything about criminal procedure; however, one must have sufficient knowledge of the basics.

This paper examines three stages that occur before the process of criminal trial and how the rights of the defendant are protected at each stage. These stages include the filing of information, arraignment, and the subsequent pre-trial hearings. Information filing is important because it sets the wheels of justice in motion (Conference of Criminal Presiding Judges, 2007). Once a crime has been committed, it is the duty of law enforcement authorities to alert the prosecuting attorney, who in turn decides whom to charge. It is the prosecuting attorney who files the case with the courts. After such filing, the person suspected of committing the crime is then pursued by legal instruments—based on the information filed—in a bid to determine their culpability in court.

Arraignment

The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be completed within a reasonable time after the arrest. Law enforcement agents must ensure a speedy arraignment in order to avoid infringing on the suspect's right to a speedy trial, as guaranteed by the Sixth Amendment. In the case of a criminal complaint, an indictment is issued, but the court does not always set an arraignment date immediately. This could be delayed by months or even years. The attorney for the defendant may request dismissal of the case due to such delays, and it is up to the judge to review the case and determine whether the delay is reasonable (Mahoney et al., 2001; Conference of Criminal Presiding Judges, 2007).

The defendant is informed formally, and in advance, of the date of their arraignment and the charges they will face. The court safeguards the defendant's rights, which include the right to remain silent, the right to a jury trial, the right against double jeopardy (protection from being prosecuted twice for the same offense), and the right to counsel (American Bar Association, 2007). The defendant has a host of options in their defense, including the right to choose a private attorney, to be represented by a public defender, or to represent themselves (pro se). The defendant will be asked by the court to enter a plea, which may range from pleading guilty as charged to entering a "nolo contendere" plea or a "not guilty" plea. If the defendant does not dispute the charges, the court will render judgment and no trial will ensue. If the defendant pleads not guilty, a date for the pre-trial will be set (American Bar Association, 2007).

Most defense attorneys advise defendants to plead not guilty in order to proceed to full trial. Indeed, most defendants enter a "not guilty" plea. Such a plea allows the prosecution to present the evidence against the defendant while allowing the defense attorney to review and challenge that evidence where appropriate (Tanner, Wyatt, & Yearwood, 2007). A not-guilty plea means the defendant will require the state to prove its case against them.

In the event that the defendant pleads guilty to a minor crime such as disorderly conduct, the presiding judge may sentence them at the arraignment stage. The defendant and prosecutor may agree on a prison term to be imposed when such a plea is entered. If a case is significantly serious, the presiding judge will choose a hearing date and request a presentence report (Tanner et al., 2007).

If the defendant enters a nolo contendere ("no contest") plea, it means the defendant acknowledges the prosecutor's ability to prove every charge but does not admit guilt. If the defendant chooses this option, the court proceeds as it would if the defendant had pleaded guilty (Tanner et al., 2007; Conference of Criminal Presiding Judges, 2007).

Bail and Release Conditions

In several states, the arraignment stage also includes setting the conditions for the possible release of the suspect. Courts generally consider several factors when deciding whether to release a defendant while the case continues. These considerations include the level of danger the defendant poses to the community, the defendant's criminal record, ties to the community, and whether the defendant has a history of failing to appear for court dates (Boyle, 2006; Lynch, 1998). Even when release is granted, the defendant's address and place of employment are recorded in case they fail to honor court dates.

Regarding bail or bond: when a defendant is asked to post a bond or bail, they must deposit money or surrender title to property with the courts pending the conclusion of their case. Both surety bonds and cash bail are available options. In the case of a cash-only bond, the defendant deposits the full amount with the courts, which is refunded upon completion of the case, minus any required court fees.

In the case of a surety bond, a bail bondsman deposits a percentage of the bond amount with the courts under a contract that obligates the bondsman to pay the balance if the defendant fails to appear or absconds (Boyle, 2006; Lynch, 1998). The defendant is required to pay the bondsman a fee—commonly 10% of the total bond amount—and must also provide collateral, a co-signor, or both. If the defendant disappears and the bondsman pays the full bond, the bondsman may recover the funds from the co-signor or claim the collateral.

Additional conditions of release may also be imposed on the defendant. These may include a prohibition on contacting witnesses, restrictions on the use of drugs or alcohol, restraint from associating with other defendants, warnings against re-arrest on similar or other offenses, prohibition on possessing weapons, restrictions on international travel, and restrictions on associating with known criminals (Welling, 1987; Bassiouni, 2003). The court reserves the right to rescind its release permissions if any of these conditions are violated.

The court may also order a supervised release, under which the defendant is subject to conditions similar to those of probation. The defendant is required to report to a supervising or probation officer and to comply with all conditions of the supervised release (Bassiouni, 2003).

Conclusion

If trials are to be fair and seen as such—rendered by impartial, competent, and independent courts—the interested parties and the public in general must be brought up to speed on court processes, requirements, and procedures. If people do not understand the applicable pretrial processes and requirements, law enforcement agencies, courts, prosecutors, defense attorneys, and similar stakeholders may not be adequately scrutinized for compliance with local or international law.

This paper is intended as a highlight and a catalyst for awareness regarding the need to understand criminal case procedures. It is hoped that after reading this paper, one will have a clearer understanding of how criminal case processes unfold within the American legal justice system. The paper is of practical value to anyone facing criminal proceedings or under investigation, as well as to attorneys, judiciary staff, human rights organizations, and others seeking to understand the criminal justice system.

Throughout the pre-trial phase, the defendant's rights are well protected in order to ensure a just and fair trial. After arrest or the issuance of a summons, arraignment must be completed within a reasonable time. Law enforcement must ensure a speedy arraignment to avoid infringing on the suspect's right to a speedy trial under the Sixth Amendment. The next step involves setting conditions for the possible release of the suspect. For cases that proceed further, the pre-trial stage provides the opportunity to address preliminary matters—such as challenges to evidence—before the trial formally begins.

References

American Bar Association. (2007). Standards relating to pretrial release (2nd ed.). Washington, D.C.

Bassiouni, C. (2003). Introduction to international criminal law. Transnational Publishers, New York.

Boyle, D. (2006). The rights of victims: Participation, representation, protection, reparation. Symposium on Khmer Rouge trials. Journal of International Criminal Justice, p. 307.

Conference of Criminal Presiding Judges. (2007). New Jersey Criminal Division overview. Retrieved from

Henham, R. J. (2005). Punishment and process in international criminal trials. Ashgate Publishing Ltd.

Lynch, G. E. (1998). Our administrative system of criminal justice. Fordham Law Review, 66, 2117, 2124–25.

Mahoney, B., Beaudin, B. D., Carver III, J. A., Ryan, D. B., & Hoffman, R. B. (2001). Pretrial services programs: Responsibilities and potential. U.S. Department of Justice.

Tanner, M., Wyatt, D., & Yearwood, D. L. (2007). Pretrial services programs in North Carolina: A process and outcome evaluation. Raleigh, NC: North Carolina Governor's Crime Commission.

Welling, S. (1987). Victim participation in plea bargains. Washington University Law Quarterly.