Deck 12: Pretrial Initial Appearance to Preliminary Hearing

Question 1

Excessive bail is barred by the Eighth Amendment.

Answer 1

True

Question 2

It is not a good idea for the defense paralegal to tape-record an interview with the defendant.

Answer 2

False

Question 3

It is best not to identify yourself as a paralegal to your clients since that will only erode their confidence in you.

Answer 3

False

Question 4

Pretrial detention is meant to be punishment for the crime.

Question 5

Preliminary hearing questions should elicit information about the elements of the crime charged.

Question 6

If at the preliminary hearing the court finds that probable cause exists,the next step is trial.

Question 7

The interview is a good time to influence witnesses to be favorable to your side of the case.

Question 8

In preparing bail recommendations,defense paralegals should assess community reaction to the offense.

Question 9

A preliminary hearing must always be open to the public and the press.

Question 10

County of Riverside v.McLaughlin (1991)limits the time elapsed before an initial appearance to 48 hours.

Question 11

Jailors do not have a duty to confirm the identity of detainees.

Question 12

The presumption of innocence applies to bail considerations.

Question 13

Acquiring an NCIC report is most often done first by the defense paralegal,then it is shared with the prosecution.

Question 14

The interview is a good time to influence witnesses to be favorable to your side of the case.

Question 15

A preliminary hearing is required for all felonies.

Question 16

A police records check requires only one quick Web site visit.

Question 17

Conviction rates are about equal for public and private defense attorneys.

Question 18

Interlocutory appeals are decided before trial.

Question 19

Paralegals may work as pretrial release officers.

Question 20

About 25 percent of federal felony defendants represent themselves.

Question 21

Before interviewing the defendant,the paralegal should do all except

A)review ethics issues
B)review statutes and information about the incident
C)develop or review a thorough interview form
D)set the fees the client will be asked to pay

Question 22

In the federal system,bail considerations can be based on all except

A)what the defendant can afford
B)the defendant's age
C)likelihood of the defendant's presence at court appearances
D)preventing a threat to the community

Question 23

There is no right to a jury trial if the

A)penalty is only a fine
B)penalty is a licensure revocation
C)penalty involves a jail sentence of less than a year
D)penalty involves a jail sentence of less than six months

Question 24

Without pretrial services recommendations on release and bail,the court relies primarily on all except

A)its own inquiry
B)information and recommendation of defense
C)information and recommendation by prosecution
D)information and recommendations by victims

Question 25

Attorneys who represent indigent defendants in federal district courts are drawn from

A)public defender offices
B)U.S.Attorney's offices
C)federal defender organizations
D)administrative office of the court

Question 26

For greater efficiency and security,initial appearances are increasingly conducted

A)in jails
B)by interactive video
C)by texting
D)by instant messaging

Question 27

Much of the information the interviewer conveys to the defendant

A)must be authorized by the attorney
B)is irrelevant because its primary purpose is to make the defendant feel better
C)should be handed to the client in a brochure so you don't have to take time to talk about it
D)should give the impression that the defendant will not be convicted

Question 28

It is important for defense paralegals who are interviewing their clients in jail to remember that

A)the setting must be confidential
B)the jailers are adversaries
C)humor is inappropriate
D)the supervising attorney may be present

Question 29

Indigent persons do not have the right to appointed counsel in minor cases unless

A)they can post bail
B)they agree to pro se representation
C)they are sentenced to jail
D)the judge grants a writ of habeas corpus

Question 30

The National Communication Information Center

A)is an arm of the FBI
B)keeps records on all persons convicted of crimes
C)keeps records from federal jurisdictions only
D)is open for anyone to do searches

Question 31

If the defendant cannot raise bail or bail is unreasonable,the defense may do all except

A)request a rehearing
B)file a motion for reduced bail
C)file an interlocutory motion
D)contact the defendant's family to help raise bail

Question 32

The first time the defendant comes before a judge or magistrate is at the

A)preliminary hearing
B)initial appearance
C)pretrial appearance
D)pretrial hearing

Question 33

Medical information release forms must conform to standards of

A)HIPPO
B)HIPAA
C)PHIP
D)NLRB

Question 34

The paralegal's primary task at the preliminary hearing is to

A)provide a bail recommendation to the judge
B)see that witnesses are present and prepared
C)summarize events and outcome
D)keep track of evidence

Question 35

Paralegal tasks in preparation for the initial appearance center around

A)gathering background information on the defendant
B)gathering admissible evidence
C)drafting motions
D)researching parallel cases

Question 36

When a U.S.citizen is detained as an enemy combatant

A)a hearing must be held to determine the basis for the designation
B)the citizen may be detained indefinitely
C)the case must be heard by an international court
D)the case must be heard by military tribunal

Question 37

During an interview,a paralegal tells a client,"Don't worry about what you say about your case.The law in question is unconstitutional anyway." This may be

A)a good tactic to gain the client's trust
B)unauthorized practice of law
C)a good tactic to assess the client's attitude
D)unnecessary since the client does not need to know the details of the law

Question 38

Pro se representation means the defendant has

A)himself or herself as counsel
B)public defender as counsel
C)private attorney as counsel
D)a qualified lay person as counsel

Question 39

Rocket docket systems

A)move federal cases into state courts
B)shorten sentences
C)shorten pretrial detention
D)contribute to jail overcrowding

Question 40

Indigency is determined by the

A)defense attorney
B)clerk of court
C)judge
D)prosecuting attorney

Question 41

Name and define three of the five types of pretrial release or bail.

Question 42

What is accomplished at the initial appearance?

Question 43

What are the restrictions on interlocutory appeals?

Question 44

List three general types of conditions that are placed on defendants under supervised pretrial release.