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Criminal Section
Summary Court Benchbook
Criminal Section
A.
Introduction to Criminal Law
1
Distinctions Between Civil and Criminal Law
2
Substantive and Procedural Law
B.
Jurisdiction and Venue in Criminal Matters
1
Jurisdiction
a
Territorial Jurisdiction
b
Subject Matter Jurisdiction
c
Transfer Cases
d
Exclusive Versus Concurrent Jurisdiction
2
Venue
a
Magistrate
b
Municipal Judge
C.
Warrants
1
Arrest Warrants
a
Generally
b
Arrest Without Warrant
c
Arrest With a Warrant
d
Drafting the Warrant
2
Bench Warrants
3
Fugitive Warrants
4
Search Warrants
a
Generally
b
Search With a Warrant
c
Search Warrant For Evidence From a Suspect’s Body Pursuant to §17-13-140
d
Search Warrant For Evidence From a Suspect’s Cell Phone Pursuant to §17-13-140
e
Exceptions to the Search Warrant Requirement
f
Motions to Suppress Evidence Obtained Through Search and Seizure
D.
Victims' Rights
1
Written or Oral Victim Impact Statement
2
Bond Hearings
3
Preliminary Hearings
4
Summary Court's Duty to Notify Victim of Victims' Rights
5
Forms Victims Should Be Provided by Summary Court
6
Pretrial Intervention Program (PTI)
E.
Bail Proceedings
1
Authority of Magistrates and MunicipalJudges to Set Bail
2
Victims' Rights at Bond Proceedings
3
Conduct of Bail Proceedings
4
Factors to Consider and Forms of Release
5
Procedure for Posting Bail
6
Duration of Bail
7
Bond Estreatment
8
Surety Relieved From Bond Obligation
F.
Preliminary Examinations
1
Notice of Right to Preliminary Hearing
2
Effect of Indictment on Request for Preliminary Examination
3
Waiver of Right to Preliminary Examination
4
Time in Which Request for Preliminary Examination Must Be Made
5
Time When the Preliminary Hearing Must Be Held
6
Purpose and Scope of Preliminary Examination
7
Right to Counsel at Preliminary Examination
8
Notice to Victim to Attend
9
Procedure in a Preliminary Examination
10
Closure of the Preliminary Examination
G.
Rights of the Defendant
1
Outline
2
Checklist for Magistrates and Municipal Judges
3
Defense of Indigents Act
4
Informing the Defendant of the Nature of the Complaint
5
Right to Counsel
6
Self-Incrimination/Right of Confrontation
7
Right to Due Process
8
Right to a Speedy and Public Trial
H.
Trial Procedure
1
Different Types of Procedure
2
Commencement of Proceedings - Warrant and Information
3
Pre-Trial Intervention (PTI)
4
Trial in Absentia
5
Entering the Plea
a
Jurisdiction
b
Counsel
c
Pleading
6
Selection of the Jury
a
Magistrate
b
Municipal Court
7
Voir Dire
8
Taking Down and Preserving Testimony
a
Magistrate
b
Municipal Court
9
Witnesses
10
Conduct of the Trial
11
The Court's Instructions to the Jury
a
Separate Duties Performed by Judge and Jury
b
Circumstantial Evidence
c
Presumption of Innocence
d
Reasonable Doubt
e
Failure of Defendant to Testify
f
Law of the Case
g
Form of Verdict
12
Jury Deliberation
13
Sentencing
a
General Sentencing Procedures
b
Restitution
c
Suspension of Sentences
d
Revocation or Suspension of Driver’s License
e
Offenses Requiring Revocation or Suspension of Driver's License
14
Appeals
a
Magistrate Courts
b
Municipal Court
15
Expungements
a
Expungement of criminal records in the circuit court
b(1)
Summary Court Expungement Process as Required by 17-22-950(A) Where Defendant Is Fingerprinted.
b(2)
Summary Court Expungement Process as Required by 17-22-950(B) Where Defendant was Not Fingerprinted.
b(3)
Expungement of Charges Where the Accused Was Found Not Guilty, Or the Charges Were Dismissed or Nolle Prossed Prior to the Effective Date of the Summary Court Expungement Legislation