Section 3.16 Explaining the Charge

• Library: Criminal Practice 2012 Supp

12. (§3.16) Explaining the Charge

Counsel should discuss:

· the difference between indictment, information, and complaint and how they are used in law;

· the grand jury system and its purpose;

· the court system use of informations and complaints, and which is applicable in the client’s case; and

· the mechanics of criminal prosecution and how they will be employed by the government.

Counsel should include an explanation, in all cases, of the arraignment and its five parts:

1. Reading the charge

2. Plea of not guilty

3. Making sure the defendant has, or is getting, a lawyer

4. Setting a bond by which the defendant, while presumed innocent, can secure freedom and guarantee future appearance at all necessary court hearings

5. Setting a...