Essay on "Court Process for a Trial"
Essay 3 pages (1126 words) Sources: 3 January 31, 2017
[EXCERPT] . . . .
Letter to Friend Explaining Court ProcessesDear Friend,
I am very sorry to hear about your recent misfortunes. I will do my best to help you. In regards to your questions, let me go through them one by one and hopefully this will provide you with some solace.
As the police never read you your Miranda warnings, you may think this slip on their part means your case will not go to trial. This, however, is not likely to happen. Miranda warnings are necessary if the police want to interrogate a suspect who is in custody and use whatever the suspect says later in the court during the prosecution. What this does mean in your case is that nothing you said while in custody may be used against you in the courtroom. While there are exceptions to this law, as far as you are concerned I think it will be safe to say that if you admitted to any wrongdoing or acknowledged any guilt the prosecution will not be able to use it against you as you were not given a Miranda warning (Smalarz, Scherr, Kassin, 2016). Your defense attorney should be made aware of this.
As you state, the police have not questioned you yet; you may talk to them but I would only do so in the presence of your attorney after you and your attorney have had the opportunity to speak to one another.
The offense that you are charged with will depend upon how the prosecution approaches the case. It will be a state offense, however, as laws related to this crime differ state to state and where one registers one's address is a matter of state law.
If you are prepared to admit guilt and do not want to hire an attorney, you may accept the cou
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If you have no money for bail, you may inquire about a private bail bond: there are private companies that will put up bail for those who cannot afford it themselves and in return they will typically charge around 10% to 15% of the bail when it is given back following the trial.
Your attorney will be able to request the police file so that he or she is prepared to mount a defense or at the very least will be able to know what the police have on you.
The difference between a grand jury hearing and a preliminary hearing is that the grand jury hearing is the actual trial whereas the preliminary hearing is the pre-trial examination wherein the prosecutor presents evidence and the judge decides whether or not there is enough of it for the case to proceed to trial. In your case, since you are prepared to admit guilt, it is likely that there will… READ MORE
Quoted Instructions for " Court Process for a Trial" Assignment:
“Write a 700- to 1,050-word letter to your friend answering your friend’s questions.
Cite and reference the assigned text and at least one other scholarly and reliable source in your letter. Do not use dictionaries or encyclopedias as source material for this assignment.
Format your letter consistent with APA guidelines. The use of first person (I, we) and second person (you) is appropriate for this assignment. ====================================================================================
You receive the following letter from a former friend:
Dear Friend,
I find myself in quite a predicament due to my own misfortune and bad judgment. My 6-year-old son and I were recently left homeless after I was laid off from my job and my house was taken by the bank.
I enrolled my son in a nearby elementary school when school started in the fall. I used the address where I lived last, because I don’t have a current address. The school district discovered that I wasn’t living at that address and charged me with fraud. I was arrested yesterday and haven’t yet been to court. My son was placed in the care of protective services.
I just want to get out of jail as soon as possible to reunite with my son. I have some questions, and I was hoping you could do some research to find the answers for me.
• The police never read me my Miranda warnings. Will my case be dismissed as a result? • The police also haven’t questioned me yet. Should I agree to talk to them, if asked? • Is this considered a state or federal offense? • Will this be charged as a misdemeanor or a felony? • Do you think I really need an attorney? After all, I am guilty, and I can’t afford one. • I also don’t have any money for bail. Are there any options that would allow me to be released from custody prior to trial and that would not require money? • How do I get to see the police reports? • What is the difference between the grand jury hearing and a preliminary hearing? Which would be better in my case? • Do you think that I should just plead guilty so I can get this over with and reunite with my son? Why or why not? • Who decides if I’m guilty: the prosecutor, judge, or jury? • What happens if I am found guilty? What type of sentence do you think I’ll receive? Why do you think I’ll receive that sentence? • What are my options if I don’t agree with the verdict or the sentence?
How to Reference "Court Process for a Trial" Essay in a Bibliography
“Court Process for a Trial.” A1-TermPaper.com, 2017, https://www.a1-termpaper.com/topics/essay/court-process-trial/6318280. Accessed 6 Jul 2024.
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