Arrest & initial appearance

• Pages: 87-108
• Author: Thomas J. Farrell,Brandon D. Minde

ARREST & INITIAL

APPEARANCE

3-1

CHAPTER 3

ARREST & INITIAL APPEARANCE

I. THE ARREST

§3:01 The Defendant’s Journey

§3:01.1 Probable Cause

§3:01.2 Arrest Warrant

§3:02 Minor Of fenses

§3:03 Finding Your Client After Arrest

§3:04 Consequences of an Illegal Arrest

II. POLICE POSTARREST INVESTIGATION

§3:10 Authorized Procedures

§3:11 Refusal to Cooperate With Investigation

§3:12 Attorney ’s Role in the Police Investigation

§3:13 Collection of DNA

III. THE APPEARANCE

A. Procedure

§3:20 Initial Appearance Procedures

§3:21 Distinction Between Initial Appearance and Arraignment

§3:22 Notice of Counsel or Appointment of Counsel

§3:23 Preliminary Hearing for Probable Cause

§3:24 Counsel’s Function at the Initial Appearance or Arraignment

§3:25 Processing the Client

B. Plea Bargaining

§3:30 Plea Bargaining at Initial Appearance

§3:31 Plea Bargaining at Arraignment

§3:32 Pre-Trial Diversion

C. Special Situations

§3:40 Mental Evaluation

§3:41 Medical Needs

§3:42 The Media

§3:43 Prosecution Witnesses

D. Delay in Initial Appearance

§3:50 Right to Prompt Determination

§3:51 Remedy for Excessive Delay

§3:52 Ef fect of Delay on Statements

E. Simultaneous Federal and State Prosecutions

§3:60 When State Cases Become Federal Prosecutions

§3:61 Joint or Separate Prosecutions

ARREST & INITIAL

APPEARANCE

Criminal Defense Tools and Techniques 3-2

§3:62 Custody Issues and Jail Credit Considerations

§3:63 Working with Counsel Across Jurisdiction

IV. FORMS

Form 3-1 Notice of Intent to Testify Before the Grand Jury (New York Statute)

Form 3-2 Complaint and Arrest Warrant

Form 3-3 Waiver of Initial Appearance (New Jersey)

Form 3-4 Indictment

Form 3-5 Checklist for Initial Appearance or Arraignment

Form 3-6 Petition for a Writ of Habeas Corpus for Delay in Initial Appearance