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John Doe Case Study: Theft And Prosecution

1125 words - 5 pages

John Doe is an individual that left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000.In 2013 Turley stated, “Millions of people in this country are indeed here illegally. While many would prefer to use “undocumented workers,” many others believe that these individuals are illegal by definition and should not be allowed to circumvent immigration laws.”
Upon John’s arrest, he voluntarily began to make incriminating statements to the arresting officers. In 1966 Miranda verses Arizona stated that every suspect must be Mirandized at the point that they are placed ...view middle of the document...

Then John will then be taken into a room where he will go through a strip search and a visual body inspection. John’s clothing will then be taken away and he will be given jail clothes. After changing into the proper clothes John will then be put into a cell. ("Booking - FindLaw", n.d).
For felony cases you must take the steps to go through a probable cause determination in order for the issue to be set for trial. There are two different ways that can be done. By either a preliminary hearing or a grand jury proceeding to establish probable cause for the felony charges in this case. In a preliminary hearing there is no jury just a judge that is the one making the decision and the issue of proof is worse than a typical criminal trial. At a criminal trial when a suspect could possibly be in jail if convicted, but based on our constitution it demands that the prosecution give proof beyond a reasonable doubt. All through during a preliminary hearing the prosecution is required to prove that probable cause occurs in this case in order to move up the court system. A grand jury this is when the prosecution explains the case to a group of people from your community, while not in front of the defendant and the grand jurors are asked to decide if probable cause is there based on the evidence presented to them by the prosecution. If the grand jury finds probable cause they return an indictment which then becomes the charging document in that particular case. ("Criminal Defense Lawyer in Phoenix | What is the Difference Between a Grand Jury and a Preliminary Hearing?", 2010).
The consideration of bond will be discussed at John’s arraignment. An arraignment is where John will officially find out what he is being charged for. There are two ways in which a defendant can be brought to an arraignment. The first way is that a defendant can be brought in is in custody. In custody mean that the defendant will be in handcuffs and brought in. Another way is of the defendant is subpoenaed. Subpoenaed mean that the defendant was sent paper work stating the date and time they needed to be present. ("Arraignment: What is it and What Happens during it? | Massachusetts Criminal Defense Blog", n.d.).
The judge will take many things into consideration before setting bond for John. The main reason for setting of bail is to...

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