CJUS P300 2-17 Notes
CJUS P300 2-17 Notes CJUS P300: Prosecution
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This 2 page Class Notes was uploaded by Katherine Rose on Friday February 20, 2015. The Class Notes belongs to CJUS P300: Prosecution at Indiana University taught by Mary Diekhoff in Winter2015. Since its upload, it has received 571 views. For similar materials see Topics in Criminal Justice: Prosecution in Criminal Justice at Indiana University.
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Date Created: 02/20/15
217l15 Notes The police are more inclined to give you a ticket rather than arresting you in misdemeanors Disorderly conduct Making unreasonable noise after you ve been asked to stop or engaging in tumultuous activities Disorderly conduct is different than misdemeanors because you re affecting other people and they are more likely going to make an arrest because you can be endangering other people Operating a vehicle while intoxicated or under controlled substances has become a huge a deal because you re endangering the lives of other drivers and pedestrians Why do people get arrested for public intoxication You re likely endangering yourself especially if you re walking home It is also a liability issue for the police because if they don t arrest you you endanger yourself and others Police generally arrest for felonies on the spot Resisting leads to arrest because the police had to fight you on the issue Ticketing is called a summons It is a summons to court What happens when you get arrested You go to jail and get documented booked They take your name information belongings fingerprints etc After you re booked you get a bond If you don t pay the bond you stay in jail After you pay the bond and get out or if you stay in then you appear in court In court they will decide what you were arrested for and what the charges will be The charging information is what gets you into the system by the prosecutor It is a formal document prepared by the prosecutor s office and signed by whoever is charging you through the prosecutor s office and typically signed by the prosecutor too The charging information is now what the courts will use The charging information carries a lot of discretion with the prosecutor After the charges have been filed in the charging information only the prosecutor can dismiss the charges The charging information must contain the follow page 148 of the reader That someone is duly sworn upon their oath saying the following A caption state of blank v defendant Also lists basic information of the defendant A cause number begins with the county number then what type of court a court number numbers indicating the month and date different designations for the type of charge and number of similar filings before it Listing of number of charges In the body of the information The defendant duly sworn upon their oath states Must state the date of the offense on or about the date There could be variations due to time Matters for the statute of limitations Defendant cares about the date because they must be fully informed Must state the jurisdiction Must track the elements of the statute must be contained otherwise it is deemed to be inefficient Must contain the code site For the purpose of letting the defendant know what they are charged with and the generics At the end it must have the date and signature of the day the charges were filed When you go into court you receive the charging information and a list of your rights at initial hearing An initial hearing is your first appearance in court It makes no difference whether you have been summoned or arrested At initial hearing asked if you understand the charges the potential penalties your rights whether you wish to hire a private attorney or have a public defender There are poverty guidelines to receive a public defender They can require you to sell off assets to pay for an attorney
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