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An important preliminary proceeding is the pretrial motion. A motion is a formal request that a court make a ruling or take some other action. Prior to trial, a defendant may file motions seeking to have the case dismissed or to obtain some advantage or assistance in preparing the 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.
One of the first steps in preparing for trial is to talk to witnesses who could be called to testify in court. A witness is a person who saw or heard the crime take place or may have other important information about the crime or the defendant.
Stages of the Criminal Justice System. California's criminal justice system can be thought of as having four stages: (1) the commission of the crime, (2) arrest by law enforcement, (3) prosecution of a case in the trial courts, and (4) detention and supervision by corrections agencies.
A detention order is a type of court order that can be made at a bail hearing. If the judge or justice of the peace makes a detention order, you will remain in custody until your case is finished, or you are released on a bail review.
Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.
Release on Personal Recognizance/Unsecured Appearance Bond: Title 18, United States Code, Section 3142(b) requires a judicial officer to order the pretrial release of a defendant on "personal recognizance" or upon the defendant's execution of an "unsecured appearance bond" in an amount specified by the court.
Pretrial, also called pretrial conference or pretrial review, is a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial. It would be held when all initial pleadings have been submitted.