John Doe is an individual that left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to the amount of money involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is going to face the judge in the Ocean County Superior Court; however, he has no money for bail. The police have no obligation to stop John Doe form making any statements. “Excited Utterance” made by a defendant before questioning are admissible as statements given under Miranda advisement. Due to the 5th Amendment the officers are required to read John the Miranda rights. Explaining that anything he says can be used against him and how he has a right to counsel. Miranda rights were created in 1966 because of the U.S. Supreme Court rule Miranda v. Arizona. Miranda applies to custodial interrogations since John is in police custody he is required to be given his Miranda Rights. Regardless of the fact that John is an illegal immigrant he is still expected to have the due process and equal protection clause, which also allows him to receive help if he is unable to speak English and needs someone to translate for him. If law enforcement officers fail to advise the arrested person of these fundamental rights secured by the Constitution, any unwarned statements made by the arrested person may be suppressed upon proper motion. In other words, unwarned statements cannot be used against the arrested person at his/her trial. Some procedural steps required to be performed would be that the suspect John would have to be “booked” which is where the suspect would be charged. Then his personal belongings would be taken, he would be photographed and fingerprinted, fingerprinting is done to confirm his identify and also to check for any outstanding warrants. After being booked John will be held for arraignment where he will go before a judge. During this time the judge will decide if there is probably cause for his arrest. This is where the judge will decide on a bail amount or if they are released on their recognizance without bail. Because John is not a legal citizen it is possible that immigration would put a “hold” on him. Which means that even if his bail would be posted he would not be released without an immigration bond being posted. Immigration will then wait for his criminal case to finish and then proceed with deportation proceedings. Preliminary hearing is used to determine if there is enough evidence against John to go to trial. A good way to look at a preliminary hearing is to think of it as a “mini” trial. It is where the judge will allow hearsay evidence. The judge must make their decision based on probable cause and if the prosecutors have enough evidence to convince a jury the suspect is guilty. During a preliminary hearing both sides can argue why or why not a trial should happen. Witnesses and evidence can be used and defense can cross examine. A preliminary hearing is held as soon as possible after the defendant is arraigned. Some states only require a preliminary hearing if the suspect is charged with a felony. Some states use a grand jury this is where a group of citizens listen to the evidence and determine if there should be a trial. When John goes before the judge he is then informed of the formal charges. There are many factors to take in to account when the judge decides on the bond amount. Such as his criminal record and past history of appearing for court dates. Also how it ties to the community, and or is he a danger to others. When...
Roberson C., Wallace H., Stuckey G. (2007). Procedures in the justice system/8th Ed: Pearson Education, Inc
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