Author Question: At what stage(s) in the criminal process may a suspect be released? When may a case be dismissed ... (Read 53 times)

s.tung · **on:** Aug 3, 2018

At what stage(s) in the criminal process may a suspect be released?

When may a
case be dismissed before trial?

Question 2

During an arraignment, a defendant enters a plea. List the pleas that may be entered.

What is plea bargaining, and when does it take place?

ergserg · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

A criminal suspect may be released and the case dismissed prior to trial at various stages throughout the criminal process. If, after the arrest, the police conclude there is not enough evidence to justify recommending the case for prosecution, the police will release the suspect. If the police do refer the case to the prosecutor, the prosecutor may decide there is insufficient evidence to prosecute and release the suspect. The magistrate may find, at the preliminary hearing, that the evidence is insufficient to establish probable cause, and the defendant would be released. Alternatively, if a grand jury does not find that probable cause exists and fails to issue an indictment, the defendant would likewise be released, and the case would be dismissed. At an arraignment, the defendant can move to have the charges dismissed for a variety of reasons, such as the statute of limitations having expired. The case may also be dismissed based on pretrail motions filed by the defendant, such as motions to suppress evidence and motions to dismiss based on a variety of grounds.

Answer to Question 2

The different pleas that a defendant may enter during an arraignment are a not-guilty plea, a guilty plea, and a plea of nolo contendere.
Plea bargaining is the process by which the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval. Usually, plea bargaining involves the defendant pleading guilty to a lesser offense in return for a lighter sentence. Plea bargaining may occur at any time from the arraignment on.