CRJ 2000 Lecture Notes - Lecture 6: Arraignment, Recognizance, Bail Bondsman
Document Summary
A criminal action is commenced with a filing of an accusatory instrument: prosecutor files the accusatory instrument (the actual document) There are a number of different accusatory instrument: there are more than 5, indictment, felony complaint, misdemeanor complaint, information, prosecutor"s information. Every time an a. i. is filed against the defendant, the defendant must be arraigned on that instrument. Arraignment: a formal court proceeding: there"s a judge, a prosecutor, defendant, a defense attorney, and the other court personnel. The defendant, by then should already know prior to arraignment. A determination is made, regarding the liberty of the defendant: 1. Release on his own recognizance (ror: that the defendant will promise to return to court voluntarily, 2. Remand: held without bail; can"t get out of jail no matter how much money you have; person is a flight risk, normally remanded for most serious crimes (murder, 3.