Investigation:
After an incident is reported to the police, patrol officers or
detectives from the police department will investigate whether a
crime has been committed, then collect evidence and identify
suspects.
As a victim you may be required to:
- Make a statement to the police,
- Attend a physical line-up of suspects or
look at photographs of suspects,
- Respond to other requests during the
investigation which may include providing personal items as
evidence.
It may be that the case is unfounded. This means
that there is not enough evidence to prove in court that a crime
has been committed, therefore, the case will not continue.
If the case is going to continue, you will
want to ask the investigating police agency to keep you informed
of all steps in the process. The criminal process starts when an
arrest is made.
Initial Appearance
The Initial Appearance/Bail Hearing of the
defendant is held in either Municipal Court or a Justice of the
Peace Court. The purpose is to file charges and to set bail for
the defendant.
This hearing will be held within 24 hours of
arrest, if it is not a weekend. The defendant has a
constitutional right to reasonable bail for most offenses. The
defendant will be held in custody until bail is posted. As long
as the defendant has the ability to make bail, s/he can be
released. The purpose of bail is to insure that the defendant
will appear for his/her scheduled court hearings. This
hearing is open to the public.
There may also be conditions of release
imposed on the defendant at this hearing such as mandatory
treatment, curfew or to have no contact with the victim. If the
defendant violates the conditions of bail, s/he may be charged
with a new crime such as breach of release/non compliance with
bail conditions. This hearing is open to the public.
AG Intake:
The Attorney General's Intake is a screening
process to see if there is enough evidence to file charges in
Superior Court. This meeting includes the police, prosecutor
and/or a paralegal. (Case facts and evidence will be
considered.) This meeting is not open to the public.
The result of the meeting could be:
- Further investigation is needed.
- Charges are added, reduced or dropped.
- Case is sent to a lower court.
Preliminary Hearing:
The purpose of a preliminary hearing is to
determine if there is sufficient evidence to continue
prosecution. It is held either in Municipal Court or the Court
of Common Pleas. If the defendant wishes to waive the hearing,
(gives up the right to this hearing), it is not held and the
charges go on to Superior Court. If the defendant wishes to have
a hearing, usually the only witness who testifies is the
investigating police officer. However, if you are subpoenaed to
testify, you must appear and should immediately call the
Attorney General's Victim/Witness Program and the investigating
officer. This hearing is open to the public.
The Court can decide to:
- Send the charges to Superior Court.
- Reduce or dismiss one or more charges.
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