Newsletters

Bail or Jail

After a defendant is arrested, he or she is required to appear before a judge or magistrate. At this time, the defendant may request or a judge may set bail for the defendant's release. Bail is cash or a cash equivalent that is given to the court to ensure that he or she will appear in court when ordered. If the defendant appears when he or she was ordered to, bail is refunded. However, if he or she fails to appear, the court keeps the bail and issues a warrant for his or her arrest.

JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.

FEDERAL LAWS REGARDING CARJACKING

Although offenses involving motor vehicles thefts are usually prosecuted by state and local law enforcement authorities, the increased number of such offenses and the increased use of violence in connection with the offenses caused Congress to enact a federal carjacking statute. Congress also directed the Federal Bureau of Investigation and the United States Attorneys' offices to cooperate with state and local authorities in the investigation of such offenses and to prosecute some offenses in federal court.

Joinder of Offenses

If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses.

JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.