What are the pre-trial stages?

Asked by: Magnus Boyle  |  Last update: August 5, 2022
Score: 4.3/5 (11 votes)

Pre-Trial Process
  • Any motions that the defendant or defendant's attorney wants to file.
  • Motion of discovery (any facts and information about the case)
  • Motion for continuance (to set another trial date)
  • Motion to suppress evidence (to keep secret, to keep from revealing to a jury)

What are the steps in a trial process?

Trial Process
  1. Step 1: Selection of the Jury.
  2. Step 2: The Trial.
  3. Step 3: Juror Conduct During the Trial.
  4. Step 4: Jury Deliberations.
  5. Step 5: After the Verdict.

What is the pretrial stage?

Furthermore, the pretrial stage of any criminal case refers to everything that occurs from the time that an arrest, citation, or summons is issued until the selection of a jury, which initiates a trial. As such, the pretrial stage of any criminal prosecution consists of the bulk of any case.

What are the four stages of pretrial activities?

Pretrial activities include the first appearance, which involves appointment of counsel for indigent defendants and consideration of pretrial release; the preliminary hearing to determine whether there is probable cause to hold the defendant; the filing of an information by the prosecutor or return of an indictment by ...

What are the 5 stages of a trial?

They five stages are as follows: the first appearance, the arraignment, motions, pre-trial conference and trial.

Pretrial Procedures and Actions

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What are the 12 steps of a trial?

The process is generally as follows:
  • Filing a Complaint and Answer (Pleadings)
  • Pre-trial motions.
  • Jury Selection.
  • Opening Statement(s)
  • Presentations of Evidence.
  • Rebuttal & Surrebuttal.
  • Jury Instructions.
  • Jury Deliberation.

What are the 14 steps of a trial?

Terms in this set (14)
  • step 1: pre-trial proceedings. ...
  • step 2: jury is selected. ...
  • step 3: opening statement by plaintiff or prosecution. ...
  • step 4: opening statement by defense. ...
  • step 5: direct examination by plaintiff/ prosecution. ...
  • step 6: cross examination by defense. ...
  • step 7: motions to dismiss or ask for a directed verdict.

What are the 10 steps of a trial?

The 10 Stages Of A Criminal Trial In California
  • Stage #1: Filing Motions With The Court.
  • Stage #2: Jury Selection.
  • Stage #3: Opening Statement.
  • Stage #4:Prosecution Presents Its Case.
  • Stage #5: Defense's Case.
  • Stage #6: Prosecution Rebuttal (If Necessary)
  • Stage #7: Closing Arguments.
  • Stage #8: Jury Deliberation.

What are the 8 steps in a trial?

The 8 Steps of Criminal Proceedings
  • Step 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. ...
  • Step 2: Charges. ...
  • Step 3: Arraignment. ...
  • Step 4: Pretrial Proceedings. ...
  • Step 5: Trial. ...
  • Step 6: Verdict. ...
  • Step 7: Sentencing. ...
  • Step 8: Appeal.

What are the 13 steps of the criminal justice process?

Terms in this set (13)
  • investigation. ...
  • Arrest. ...
  • Booking. ...
  • Charging. ...
  • Initial appearance. ...
  • preliminary hearing/ grand jury. ...
  • Indictment/ information. ...
  • Arraignment.

How long do most trials take?

The average trial lasts between one-and-a-half and two days.

What are the three phases of criminal investigation?

Identifying, gathering, and preserving evidence.

What happens the first day of trial?

Trial begins when the judge invites the jury into the courtroom. In a jury trial, the judge and jury have separate and distinct functions. The judge makes decisions about the law, like whether the prosecutor met the burden of proof, and whether certain evidence admissible. She also oversees the conduct of the trial.

Who has the last word in a trial?

MODERN TRIAL ADVOCACY: ANALYSIS AND PRACrICE 468 (2d ed. 1997) ("The plaintiff or prosecutor, as the burdened party, is generally afforded the opportunity to present the last argument. ").

What is usually the order of a trial?

Pretrial Stage - discovery process, finding of facts. Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants. Post Trial - concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.

What is the difference between the pretrial process and the trial process in a criminal case?

While the trial itself is a critical process, the actual outcome is often decided long before you set foot in front of a jury. The pretrial hearing happens before the trial, and it lays the foundation for everything that will come later.

How do you prepare for a pre trial?

Preparing for Your Pretrial Conference
  1. Call Your Attorney. ...
  2. Write a Journal of Key Events About Your Case. ...
  3. Review the Police Report for Accuracy. ...
  4. Research How a Criminal Conviction Will Impact You or Your Career. ...
  5. Bring Your Calendar.

What is pre trial preparation?

What is Pre-Trial Preparation? Pre-trial Procedure includes all aspects of trial practice that occur before trial. These stages include filing a lawsuit, answering a complaint, discovery, motion practice, and trial preparation.

Do judges see evidence before trial?

The judge wil often look to other evidence and witnesses to decide which party is telling the truth. If you have a case that involves domestic violence, having evidence to present that corroborates your version of the events can be especially important.

What is pre-trial and post trial?

Pre-trial: Investigation is being conducted in this stage. Trial: After the investigation, if the person is found guilty, the case goes to the magistrate for trial. Post-trail: If the person is unhappy with the trial court's judgment, they have the right to appeal in the higher court.

How long will trial last?

Generally, trials last between three and four days. The judge will inform prospective jurors during jury selection as to the anticipated length of trial.

What happens after a trial?

After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt.

Can you go to jail at a preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court's job is not to find the defendant guilty or not guilty. Instead, the judge's role is to determine whether there is enough evidence for the charges to proceed to the Court of Common Pleas for trial.

What is the wedding cake model?

The wedding cake model of criminal justice is a model of the criminal justice process whereby a four-tiered hierarchy exists, with a few celebrated cases at the top, and lower tiers increasing in size as the severity of cases become less (serious felonies, felonies, and misdemeanors).

What is the first stage in the criminal case process called?

Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.