Asked by Bailee Tobin on May 05, 2024
Verified
At what stage(s) in the criminal process may a suspect be released? When may a case be dismissed before trial?
Criminal Process
The legal procedures and mechanisms used to enforce criminal law, from investigation to trial and sentencing.
Suspect Released
The action of freeing an individual suspected of a crime from custody, often when there is insufficient evidence to hold them or proceed with charges.
- Acquire knowledge of the steps in a criminal case procedure, from the initial arrest up to the appeal.
Verified Answer
ZK
Zybrea KnightMay 07, 2024
Final Answer :
A criminal suspect may be released and the case dismissed prior to trial at various stages throughout the criminal process. If, after the arrest, the police conclude that there is not enough evidence to justify recommending the case for prosecution, the police will release the suspect. If the police do refer the case to the prosecutor, the prosecutor may decide there is insufficient evidence to prosecute and release the suspect. The magistrate may find, at the preliminary hearing, that the evidence is insufficient to establish probable cause, and the defendant would be released. Alternatively, if a grand jury does not find that probable cause exists and fails to issue an indictment, the defendant would likewise be released, and the case would be dismissed. At an arraignment, the defendant can move to have the charges dismissed for a variety of reasons, such as the statute of limitations having expired. The case may also be dismissed based on pretrial motions filed by the defendant, such as motions to suppress evidence and motions to dismiss based on a variety of grounds.
Learning Objectives
- Acquire knowledge of the steps in a criminal case procedure, from the initial arrest up to the appeal.
Related questions
List and Define the Major Procedural Steps in a Criminal ...
_____Of the Criminal Cases Brought by the State Actually Go ...
In Some Jurisdictions, as an Alternative to Prosecution, A(n) ________Program ...
If a Defendant Loses at Trial, He or She May ...
During an Arraignment, a Defendant Enters a Plea ...