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102 Cards in this Set

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WHAT IS THE SCOPE OF THE FEDERAL RULES FOR CRIMINAL PROCEDURE AND WHAT RULE IS IT?
These rules govern the procedure in all criminal proceeding in the US district courts, the US courts of appeals, and the Supreme Court of the US.

Rule 1.
WHAT ARE THE THREE EXCLUDED PROCEEDINGS FROM RULE 1?
A) the extradition and rendition of a fugitive

B) a civil property forfeiture for violating a federal statute

C) the collection of a fine or penalty
WHAT IS THE AUTHORITY OF A JUSTICE OR JUDGE OF THE UNITED STATES IN RULE 1?
When these rules authorize a MJ to act, any other federal judge may also act.
WHAT IS RULE 2?

WHAT IS THE (GENERAL) DEFINITION OF RULE 2?
Interpretation

These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.
WHAT IS RULE 3?

WHAT IS THE DEFINITION OF IT?
The complaint is a written statement of the essential facts constituting the offense charged.
IN RULE 3, HOW MUST THE COMPLAINT BE EXECUTED OR CARRIED OUT?

IS THERE AN EXCEPTION TO RULE 3 AND WHAT IS THE RULE THE EXCEPTION PERTAINS TO IF THERE IS ONE?
It must be made under oath before a MJ or, if not is reasonably available, before a state or local judicial officer.

Yes, the exception is as provided in Rule 4.1.
IN REGARDS TO THE COMPLAINT IN RULE 4, WHEN MUST THE JUDGE ISSUE AN ARREST WARRANT TO AN OFFICER AUTHORIZED TO EXECUTE IT?
If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been commited and that the defendant committed it.
ACCORDING TO RULE 4, AN ARREST WARRANT MUST BE SIGNED BY WHOM?
A warrant must be signed by a judicial officer.
ACCORDING TO RULE 4, THE FORM OF AN ARREST WARRANT (FOR A COMPLAINT) MUST?
A) the defendant's name or, if it is unknown, a name or description by which the defendant can be identified with reasonable certainty;
B) describe the offense charged in the complaint;
C) command that the defendant be arrested and brought without unnecessary delay before a MJ or, if none is reasonably available, before a state or local judicial officer; AND
D) be signed by a judge.
WHAT IS THE FORM OF THE SUMMONS FOR A COMPLAINT, ACCORDING TO RULE 4.
A summons must be in the same form as a warrant except that it must require the defendant to appear before a MJ at a STATED DATE AND TIME.
IN RULE 4, REGARDING THE EXECUTION OR SERVICE AND RETURN OF A WARRANT WHO MUST EXECUTE A WARRANT ON A COMPLAINT?
Only a marshal or other authorized officer may execute a warrant.

Any person authorized to serve a summons in a federal civil action may serve a summons.
ACCORDING TO RULE 4, REGARDING AN EXECUTION OR SERVICE AND RETURN, WHERE MUST A WARRANT BE EXECUTED ON A COMPLAINT?

*THE LOCATION
The location where a warrant may be executed, or a summons served. . . within the jurisdiction of the US or anywhere else a federal statutue authorizes an arrest.
WHAT IS THE MANNER THAT A WARRANT MAY BE EXECUTED ON AN INDIVIDUAL FOR A COMPLAINT IN REGARDS TO RULE 4?
A) A arrest warrant is executed by arresting the Defendant. Upon arrest, an officer possessing the original or a duplicate original warrant must show it to the Defendant.
WHAT IS THE MANNER THAT A SUMMONS MAY BE EXECUTED ON AN INDIVIDUAL FOR A COMPLAINT, IN REGARDS TO RULE 4?
A summons is served on an individual Defendant:

i) by delivering a copy to the D personally; or
ii) by leaving a copy at the D's residence or usual place of abode with a person of suitable age and discretion residing at that location and by mailing a copy to the D's last known address.
WHAT IS THE MANNER THAT A SUMMONS MAY BE EXECUTED ON AN ORGANIZATION FOR A COMPLAINT IN REGARDS TO RULE 4?
By delivering a copy to an officer, to a managing or general agent, or to another agent appointed or legally authorized to receive servie of process.

A copy ust also be mailed to the organization's last known address w/in the district or to its principle place of business elsewhere in the US.
HOW MUST AN WARRANT OR SUMMONS BE RETURNED ON A COMPLAINT ACCORDING TO RULE 4?

ONE OF THREE ANSWERS
A) After executing a warrant, the officer must return it to the judge before whom the D is brought in accordance with Rule 5. The officer may do so by reliable electronic means. At the request of an attorney for the government, an unexecuted warrant must be brought back to and canceled by a MJ or, if none is reasonable available, by a state or local judicial officer.
HOW MUST AN ARREST WARRANT OR SUMMONS BE RETURNED ON A COMPLAINT ACCORDING TO RULE 4?

ONE OF THREE ANSWERS
B) The person to whom a summons was delivered for service must return it on or before the return day.
HOW MUST AN ARREST WARRANT OR SUMMONS BE RETURNED ON A COMPLAINT ACCORDING TO RULE 4?

ONE OF THREE ANSWERS
At the request of an attorney for the government, a judge may deliver an unexecuted warrant, an unserved summons, or a copy of the warrant or summons to the marshal or other authorized person for execution or service.
ACCORDING TO RULE 4, HOW MUST AN ARREST WARRANT OR SUMMONS BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS BE ISSUED?
In accordance with Rule 4.1 (Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means), a MJ may issue a warrant or summons based on information communicated by telephone or other reliable electronic means.
WHAT IS THE GENERAL DEFINITION OF RULE 4.1, COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS?
A MJ may consider information communicated by telephone or other reliable electronic means when reviewing a complaint or deciding whether to issue a warrant or summons.
WHAT IS THE PROCEDURE FOR 4.1 (COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS)?

ONE OF SIX ANSWERS
If a MJ decides to proceed under this rule, the following procedures apply:

1. Taking Testimony Under Oath - the judge must place under oath and may examine the applicant and any person on whose testimony the application is based.
WHAT IS THE PROCEDURE FOR 4.1 (COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS)?

ONE OF SIX ANSWERS
If a MJ decides to proceed under this rule, the following procedures apply:

2. Creating a Record of the Testimony and Exhibits
A) Testimony Limited to Attestation
B) Additional Testimony or Exhibits
UNDER RULE 4.1 - WHAT MUST THE JUDGE DO IN ORDER TO CONSIDER ADDITIONAL TESTIMONY OR EXHIBITS WHEN ISSUING A COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS?
i. Have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing;
ii. Have any recording or reporter's notes transcribled, have the transcription certified as accurate, and file it;
iii. Sign any other written record, certify its accuracy, and file it; and
iv. Make sure the exhibits are also filed.
WHAT IS THE PROCEDURE FOR 4.1 - COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS?

Re: Preparing a Proposed Duplicate Original of a Complaint Warrant, or Summons.
The applicant must prepare a proposed duplicate original of a complaint, warrant, or summons, and must read or otherwise transmit its contents verbatim to the judge.
WHAT IS THE PROCEDURE FOR 4.1 - COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS?

Re: Preparing an Original Complaint.
If the applicant reads the contents of the proposed duplicate original, the judge must enter those contents into an original complaint, warrant, or summons. If the applicant transmits the contents by reliable electronic means, the transmission received by the judge may serve as the original.
WHAT IS THE PROCEDURE FOR 4.1 - COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS?

Re: Modification and What the Judge Must Then Do.
The judge may modify the complaint, warrant, or summons.

A) Transmit the modified version to the applicant by reliable means; OR
B) File the modified original and direct the applicant to modify the proposed duplicate original accordingly.
WHAT IS THE PROCEDURE FOR 4.1 - COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIEABLE MEANS?

Re: Issuance. What Must the Judge Do to Issue the Warrant or Summons T or Other REM?
A) Sign the original documents;
B) Enter the DATE and TIME of issuance on the warrant or summons; and
C) Transmit the warrant or summons by REM to the applicant or direct the applicant to sign the judge's name and enter the date and time on the duplicate original.
WHAT IS SUPPRESSION LIMITED ACCORDING TO 4.1 (COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MENAS)?
Absent a finding of bad faith, evidence obtained from a warrant issued under this rule is not subject to suppression on the ground that issuing the warrant in this matter was unreasonable under the circumstances.
RULE 5 - INITIAL APPEARANCE

1) APPEARANCE UPON AN ARREST WITHIN THE US?

WHAT MUST A PERSON MAKING THE ARREST DO?
A) A person making an arrest w/in the US must take the D w/out unnecessary delay before a MJ, or before a state or local judicial officer as Rule 5(c) provides (Place of Initial Appearance, Transfer to Another Distirct), unless a statute provides otherwise.
RULE 5 - INITIAL APPEARANCE

2) APPEARANCE UPON AN ARREST OUTSIDE THE US.

WHAT MUST A PERSON MAKING THE ARREST DO?
B) A person making an arrest outside the US must take the D w/out unnecessary delay before a MJ, unless a statute provides otherwise.
RULE 5 - INITIAL APPEARANCE

WHAT ARE THE EXCEPTIONS PERTAINING TO AN INITIAL APPEARANCE?

*HINT* - THERE ARE 3
A) An officer making an arrest under a warrant issued upon a COMPLAINT charging solely a violation of 18 USC 1073 (Flight to Avoid Prosectution).
B) If a D is arrested for violating probation or supervised release, Rule 32.1 applies.
C) If a D is arrested for failing to appear in another district, Rule 40 applies.
RULE 5 - INITIAL APPEARANCE

UNDER THE EXCEPTION (A) AN OFFICER MAKING AN ARREST UNDER A WARRANT ISSUED UPON A COMPLAINT CHARGING SOLELY A VIOLATION OF 18 USC 1073 (FLIGHT TO AVOID PROSECUTION), WHAT SITUATIONS DO NOT COMPLY WITH THIS RULE?

*HINT* - THERE ARE 3
i) The person arrested is transferred w/out unecessary delay to the custody of appropriate state or local authorities in the districe of arrest; AND

ii) An attorney for the government moves promptly, in the district where the warrant was issued, to dismiss the complaint.
KNOW THIS LIKE THE BOYH!!!
RULE 5 - INITIAL APPEARANCE
Re: (b) -

WHAT HAPPENS IF A DEFENDANT IS ARRESTED WITHOUT A WARRANT?
If a D is arrested without a warrant, a complaint meeting Rule 4(a)'s requirement of probable cause [(a) Arrest Warrant Or Summons On A Complaint - ISSUANCE] MUST be promptly filed in the district where the offense was allegedly committed.

*Marshall's only need a copy of the complaint if the D has already been arrested.*
RULE 5 - INITIAL APPEARANCE
Re: (c) PLACE OF INITIAL APPEARANCE; TRANSFER TO ANOTHER DISTRICT

WHAT HAPPENS IF THE D IS ARRESTED IN THE DISTRICT WHERE THE OFFENSE WAS ALLEGEDLY COMMITTED - THE INITIAL APPEARANCE MUST BE:
A) The initial appearance MUST be in that district; AND

B) If a MJ is not reasonable available, the initial appearance may be before a state or local judicial officer.
RULE 5 - INITIAL APPEARANCE
Re: (c) PLACE OF INITIAL APPEARANCE; TRANSFER TO ANOTHER DISTRICT

WHAT HAPPENS IF THE D IS ARRESTED IN ANOTHER DISTRICT WHERE THE OFFENSE WAS ALLEGEDLY COMMITTED - THE INITIAL APPEARANCE MUST BE:
A) In the district of arrest; OR

B) In an adjacent distict IF:

i)The appearance can occur more promplty there; OR
ii) The offense was allegedly committed there and the initial appearance will occur on the day of arrest.
WHAT ARE THE PROCEDURES FOR THE INITIAL APPEARANCE OTHER THAN WHERE THE OFFENSE WAS ALLEGEDLY COMMITTED?
A) The MJ MUST informa the D about the provisions of Rule 20;
B) If the D was arrested w/out a warrant, the district court where the offense was allegedly committed MUST first issie a warrant before the MJ transfers the D to that district;
C) The MJ MUST conduct a preliminary hearing if required by Rule 5.1;
D) The MJ MUST transfer the D to the District where the offense was allegedly committed if. . .
D) THE MJ MUST TRANSFER THE DEFENDANT TO THE DISTRICT WHERE THE OFFENSE WAS ALLEGEDLY COMMITTED, ACCORDING TO RULE 5.1 - INITIAL APPEARANCE, IF:
i) The government produces the warrant, a certified copy of the warrant, OR a reliable electronic form of either; AND

ii) The judge finds the D is the same person named in the indictment, information, or warrant; AND

E) When a D is transferred and discharged, the clerk must promptly transmit the papers and any bail to the clerk in the district where the offense was allegedly committed.
ACCORDING TO RULE 5.1 - INITAL APPEARANCE, WHAT ARE THE PROCEDURES IN A FELONY CASE REGARDING ADVICE (1) IF THE DEFENDANT IS CHARGED WITH A FELONY, THE JUDGE MUST INFORM THE DEFENDANT OF THE FOLLOWING?
A) The complaint against the D, and any affidavit filed with it;
B) The D's right to retain counsel or to request that counsel be appointed if the D cannot obtain counsel;
C) The circumstances, if any, under which the D may secure pretrial release;
D) Any right to a preliminary hearing; AND
E) The D's right not to make a statement, and that any statement made may be used against the D.
ACCORDING TO RULE 5.1 - INITAL APPEARANCE, WHAT ARE THE PROCEDURES IN A FELONY CASE REGARDING CONSULTING WITH COUNSEL IF THE DEFENDANT IS CHARGED WITH A FELONY? THE JUDGE MUST:
The Judge MUST allow the D reasonable opportunity to conuslt with counsel.
ACCORDING TO RULE 5.1 - INITAL APPEARANCE, WHAT ARE THE PROCEDURES IN A FELONY CASE REGARDING DENTENTION OR RELEASE? THE JUDGE MUST?
The Judge MUST detain or release the Defendant as provided by statute or these rules.
ACCORDING TO RULE 5.1 - INITAL APPEARANCE, WHAT ARE THE PROCEDURES IN A FELONY CASE REGARDING A DEFENDANT'S PLEA?
A Defendant may be asked to plead only under Rule 10, Arraignment.
ACCORDING TO RULE 5.1 - INITAL APPEARANCE, WHAT ARE THE PROCEDURES IN A MISDEMEANOR CASE?
If the Defendant is charged with a misdemeanor ONLY, the judge MUST inform the Defendant in accordance with Rule 58(b)(2).
ACCORDING TO RULE 5.1 - INITAL APPEARANCE, WHAT ARE THE PROCEDURES REGARDING VIDEO CONFERENCEING AND INITIAL APPEARANCES?
Video teleconferencing may be used to conduct an appearance under this rule IF THE DEFENDANT CONSENTS - (ONLY)!!!
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

IN GENERAL, IF A DEFENDANT IS CHARGED WITH AN OFFENSE OTHER THATN A PETTY OFFENSE A MJ MUST CONDUCT A PRELIMINARY HEARING UNLESS?
1) The D waives the hearing;

2) The D is indicted;

3) The government files an information under Rule 7(b) charging the D with a felony;

4) The fovernment file an information charging the D with a misdemeanor with a felony; OR

5) The D is charged with a misdemeanor and consents to trial before a MJ.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

IN GENERAL, IF A DEFENDANT IS CHARGED WITH AN OFFENSE OTHER THAT A PETTY OFFENSE, WHAT THEN NEEDS TO BE DONE?
A MJ MUST conduct a Preliminary Hearing.

UNLESS - but there are occurences/reasons (there are 5) where a Preliminaring Hearing will not be conducted by an MJ. These occurences/reasoning are on another flashcard.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

SELECTING A DISTRICT - A DEFENDANT ARRESSTED IN A DISTRICT OTHER THAN WHERE THE OFFENSE WAS ALLEGEDLY COMMITTED MAY:
A D arressted in a district other than where the offense was allegedly committed MAY elect to have the Preliminary Hearing conducted in the district where the prosecution is pending.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

SCHEDULING - A Preliminary Hearing can be held no later than how many days after the initial appearance if the Defendant is is custody AND no later than how many days if not in custody? Who usually conducts the PH (judge)?
No later than 14 days after the initial appearance if the D IS IN custody.

No later than 21 after the initial appearance if the D IS NOT IN custody.

An MJ.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

EXTENDING THE TIME - WHAT ARE THE REASONS TIME CAN BE EXTENDED PAST THE 14 OR 21 DAYS AFTER THE INITAIL APPEARANCE IN ORDER TO CONDUCT THE PRELIMINARY HEARING?
ONLY with the D's consent AND upon a showing of good cause - taking public interest in the prompt disposition of criminal cases - a MJ may extend the time limits in Rule 5.1(c) - Scheduling.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

WHAT HAPPENS IF A DEFENDANT DOES NOT CONSENT TO A MJ EXTENDING THE TIME IN CODUCTING THE PRELIMINARY HEARING?
The MJ MAY extend the time limits past the 14 or 21 days ONLY on a showing that extroidanary circumstances exist and justice requires that delay.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

DISCHARGING THE DEFENDANT - IF THE MJ FINDS NO PROBABLE CAUSE. . .
If the MJ finds no probable cause to believe an offense has been committed or the D committed it, the MJ MUST dismiss the complaint and discharge the D.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

RECORDING THE PROCEEDINGS - THE PH MUST BE?

***THERE ARE THREE MUSTS***
The PH MUST be recorded by a court reporter or by a suitable recording device (FTR in Duty Court).

The recordings may be made available to ANY party upon request.

A copy of the recording and a transcript may be provided to ANY party upon request and upon ANY payment required by applicable Judicial Conference Regulations.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

IF AN MJ HAS DISMISSED A DEFENDANT AFTER FINDING NO PROBALE CAUSE IN BELIEVING AN OFFENSE HAS BEEN COMMITTED OR A DEFENDANT COMMITTED IT, WHAT CAN THE GOVERNMENT DO, POSSIBLY, LATER ON?
The discharge DOES NOT preclude the governmnet from later prosecuting the D for the SAME offense.
HOW MANY TIMES CAN A MJ EXTEND THE TIME REGARDING CONDUCTING A PRELIMINARY HEARING AFTER THE INITIAL APPEARANCE HAS OCCURRED?
ONE OR MORE TIMES.
RULE 5.1 - PRELIMINARY HEARING (CAN ALSO BE KNOWN AS AN EVIDENTIARY HEARING).

AT THE PRELIMINARY HEARING, RE: SECTION (e) HEARING AND FINDING, THE DEFENDANT MAY?
Cross-Examine adverse witnesses and MAY introduce evidence but MAY NOT object to evidence on the ground that it was unlawfully acquired.
AT THE PRELIMINARY HEARING IF THE MJ FINDS PROBABLE CAUSE TO BELIEVE AN OFFENSE HAS BEEN COMMITTED AND THE DEFENDANT COMMITTED IT, THE MJ MUST?

THIS IS RE: SECTION (e) HEARING AND FINDING UNDER RULE 5.1 - PRELIMINARY HEARING
The MJ MUST promptly require the Defendant to appear for further proceedings.
RULE 6'S TITLE FOR THE FEDERAL RULES OF CRIMINAL PROCEDURE IS?
THE GRAND JURY
THE GRAND JURY'S RULE NUMBER FOR THE FEDERAL RULES OF CRIMINAL PROCEDURE IS?
RULE 6
(a) SUMMONING A GRAND JURY - IN GENERAL

WHEN THE PUBLIC SO REQUIRES?
The court MUST order that one OR more grand juries be summoned.
A GRAND JURY MUST HAVE HOW MANY INDIVIDUALS AND THE COURT MUST ORDER ENOUGH. . . ?
The Grand Jury MUST have 16-23 members.

The court MUST order that enough legally qualified persons be summoned to meet this requirement.

Rule 6(a)(1)
(c) FOREPERSON AND DEPUT FOREPERSON

The court will appoint. . .
One juror as the foreperson AND another as the deputy foreperson.
IN THE FOREPERSON'S ABSENCE WHAT WILL THE COURT DO?
The court will will appoint the deputy foreperson to act as the foreperson.
WHAT DOES THE FOREPERSON'S DUTIES INCLUDE?
The foreperson MAY administer oaths and affirmations and will sign ALL indictments.
WHO SIGNS THE INDICTMENTS IN A GRAND JURY?
The foreperson signs ALL the indictments in a grand jury.

Note*** The wet signature never is scanned up or put on the docket ONLY the s/ copy is scanned up and put on the docket.
THE FOREPERSON OR ANOTHER JUROR DESIGNATED BY THE FOREPERSON RECORDS WHAT AND WHERE DOES THE FOREPERSON OR DESIGNATED JUROR FILE THIS RECORD?
They record the number of jurors concurring in EVERY indictment AND will file the record with the clerk.
THE GRAND JURY RECORD OF JURORS CONCURRING MAY NEVER BE?
MAY NEVER be made public UNLESS the court so orders.
WHO MAY BE PRESENT WHILE THE GRAND JURY IS IN SESSION?
The following persons MAY be present while the GJ IS IN session:

-Attorneys for the government,
-The witness being questioned,
-Interpreters when needed, AND
-A court reporter OR an operator of a recording device
WHO MAY BE PRESENT DURING THE GRAND JURY'S DELIBERATIONS AND VOTING?
No other person OTHER than the jurors, AND any interpreter needed to assist a hearing-impaired OR speech-impaired juror, MAY be present while the GJ is deliberating or voting.
NO OBLIGATION OF SECRECY MAY BE IMPOSED ON?
ON ANY PERSON EXCEPT IN ACCORDANCE WITH RULE 6(e)(2)(B).
ACCORDING TO RULE 7, WHEN IS AN INDICTMENT USED?
FOR A FELONY - AN OFFENSE OTHER THAN CRIMINAL CONTEMPT MUST BE PROSECUTED BY AN INDICTMENT IF IT IS PUNISHABLE.
ACCORDING TO RULE 7, WHAT IS CONSIDERED PUNISHABLE IN REGARDS TO A FELONY?
BY DEATH; OR

BY IMPRISONMENT FOR MORE THAN ONE YEAR.
ACCORDING TO RULE 7, WHAT IS CONSIDERED TO BE A MISDEMEANOR?
AN OFFENSE PUNISHABLE BY IMPRISONMENT FOR ONE YEAR OR LESS AND IT MAY BE PROSECUTED IN ACCORDANCE WITH RULE 58(b)(1).
ACCORDING TO RULE 7, DEFINE WAIVING INDICTMENT.
AN OFFENSE PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR MAY BE PROSECUTED BY INFORMATION IF THE D, IN OPEN COURT AND AFTER BEING ADVISED OF THE NATURE OF THE CHARGE AND OF THE D'S RIGHTS, WWAIVES PROSECUTION BY INDICTMENT.
WHAT IS THE NATURE AND CONTENTS OF AN INDICTMENT AND AN INFORMATION ACCORDING TO RULE 7?
The Indictment OR Information must be a PLAIN, CONCISE, AND definite written statement of the essential facts consituting the offense charged AND MUST be signed by an attorney for the government.
WHAT DOES THE NATURE AND CONTENS OF AN INDICTMENT AND INFORMATION NOT HAVE TO CONTAIN?
IT DOES NOT NEED TO CONTAIN A FORMAL INTRODUCTION OR CONCLUSION, ACCORDING TO RULE 7.
ACCORDING TO THE NATURE AND CONTENTS OF AN INDICTMENT AND INFORMATION, A COUNT MAY. . . ?
MAY INCORPORATE BY REFERENCE AN ALLEGATION MADE IN ANOTHER ACCOUNT.
ACCORDING TO THE NATURE AND CONTENTS OF AN INDICTMENT AND INFORMATION, WHAT DOES THE GENERAL DEFINITION SAY ABOUT COUNTS?
FOR EACH COUNT, THE INDICTMENT OR INFORMATION MUST GIVE THE OFFICIAL OR CUSTOMARY CITATION OF THE STATUTE, RULE, REGULATION, OR OTHER PROVISION OF LAW THAT THE D IS ALLEGED TO HAVE VIOLATED.
ACCORDING TO RULE 7, CAN AN INFORMATION BE AMENDED?
YES, UNLESS AN ADDITIONAL OR DIFFERENT OFFENSE IS CHARGED OR SUBSTANTIAL RIGHT OF THE D IS PREJUDICED.
WHEN CAN AN INFORMATION BE AMENDED ACCORDING TO RULE 7?
THE COURT MAY PERMIT AN INFORMATION TO BE AMENDED AT ANY TIME BEFORE THE VERDICT OR FINDING.
WHAT IS A BILL OF PARTICULARS AND WHAT RULE IS IT?
RULE 7 - THE INDICTMENT AND THE INFORMATION.
WHEN MAY THE DEFENDANT MOVE FOR A BILL OF PARTICULARS?
BEFORE OR WITHIN 14 DAYS AFTER ARRAIGNMENT OR AT A LATER TIME IF THE COURT PERMITS.
WHAT IS RULE 9?
ARREST WARRANT OR SUMMONS ON AN INDICTMENT OR INFORMATION.
ARREST WARRANT OR SUMMONS ON AN INDICTMENT OR INFORMATION, WHAT RULE NUMBER IS THIS?
RULE 9
WHEN MUST THE COURT ISSUE A WARRANT OR AT THE GOVERNMENT'S REQUEST, A SUMMONS ACCORDING TO RULE 9?
FOR EACH DEFENDANT NAMED IN AN INDICTMENT OR NAMED IN AN INFORMATION IF ONE OR MORE AFFIDAVITS ACCOMPANYING THE INFORMATION ESTABLISH PROBABLE CAUSE TO BELIEVE AN OFFENSE HAS BEEN COMMITTED AND THAT THE DEFENDANT COMMITTED IT.
WHAT IS THE FORM OF A WARRANT ON AN INDICTMENT OR INFORMATION?
RULE 9 - THE WARRANT MUST CONFORM TO RULE 4(b)(1) EXCEPT THAT IT MUST BE SIGNED BY THE CLERK AND MUST DESCRIBE THE OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION.
WHAT IS THE FORM OF A SUMMONS ON AN INDICTMENT OR INFORMATION?
RULE 9 - THE SUMMONS MUST BE IN THE SAME FORM AS A WARRANT EXCEPT THAT IT MUST REQUIRE THE DEFENDANT TO APPEAR BEFORE THE COURT AT A STATED TIME AND PLACE.
DEFINE INITIAL APPEARANCE ACCORDING TO RULE 9 - ARREST WARRANT OR SUMMONS ON AN INDICTMENT OR INFORMATION.
WHEN ARRESTED OR SUMMONED DEFENDANT FIRST APPEARS BEFORE THE COURT, THE JUDGE MUST PROCEED UNDER RULE 5, WHICH IS INITAL APPEARANCE.
ACCORDING TO RULE 9, CAN A WARRANT BE EXECUTED BY TELEPHONE OR OTHER MEANS AND WHO CAN ISSUE IT?
IN ACCORDANCE WITH RULE 4.1 A MJ MAY ISSUE AN ARREST WARRANT OR SUMMONS BASED ON INFORMATION BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS.
WHAT IS RULE 10?
ARRAIGNMENT
ARRAINMENT IS WHAT RULE NUMBER?
RULE 10
AN ARRAIGNMENT MUST BE CONDUCTED WHERE?
IN OPEN COURT.
WHAT MUST AN ARRAIGNMENT CONSIST OF ACCORDING TO RULE 10?
ENSURING THE D HAS A COPY OF THE INDICTMENT OR INFORMATION;

READING THE INDICTMENT OR INFORMATION TO THE D OR STATRING TO THE D THE SUBSTANCE OF THE CHARGE; AND THEN

ASKING THE D TO PLEAD TO THE INDICTMENT OR INFORMATION.
IF A DEFENDANT WAIVES THEIR APPEARANCE DO THEY NEED TO BE PRESENT AT THE ARRAIGNMENT?
NO
IN REGARDS TO WAIVING APPEARANCE (RULE 10) A DEFENDANT MAY NOT NEED TO BE PRESENT AT THE ARRAINMENT IF. . .
THE D HAS BEEN CHARGED BY INDICTMENT OR MISDEMEANOR INFORMATION;

THE D, IN A WRITTEN WAIVER SIGNED BOTH BY THE D AND DEFENSE COUNSEL, HAS WAIVED APPEARANCE AND HAS AFFIRMED THAT THE D RECEIVED A COPY OF THE INDICTMENT OR INFORMATION AND THAT THE PLEA IS NOT GUILTY; AND

THE COURT ACCEPTS THE WAIVER.
CAN VIDEO TELECONFERENCING BE USED TO ARRAIGN A DEFENDANT ACCORDING TO RULE 10?
YES, BUT IF THE DEFENDANT CONSENTS TO IT.
IF A MJ TO WHOM AN INDICTMENT IS RETURNED MAY DIRECT THAT THE INDICTMENT BE. . .

IN ACCORDANCE WITH RULE 6 - GRAND JURY.
KEPT SECRET UNTIL THE D IS IN CUSTODY OR HAS BEEN RELEASED PENDING TRIAL.
WHAT MUST THE CLERK DO IN REGARDS TO SEALED INDICTMENTS (GRAND JURY - RULE 6)?
THE CLERK MUST SEAL THE INDICTMENT, AND NO PERSON MAY DISCLOSE THE INDICTMENT'S EXISTENCE EXCEPT AS NECESSARY TO ISSUE OR EXECUTE A WARRANT OR SUMMONS AND THE CLERK MUST KEEP THE INDICTMENT SECRET/SEALED UNTIL THE D IS IN CUSTODY OR HAS BEEN RELEASED PENDING TRIAL.
ACCORDING TO RULE 6 - WHAT RECORDS MUST BE KEPT SEALED AND FOR HOW LONG MUST THESE RECORDS BE KEPT SEALED?
RECORDS, ORDERS, AND SUBPOENAS MUST BE KEPT UNDER SEAL.

THEY MUST BE KEPT UNDER SEAL TO THE EXTENT AND AS LONG AS NECESSARY TO PREVENT THE UNAUTHORIZED DISCLOSURE OF A MATTER OCCURRING BEFORE A GRAND JURY.

INCLUDES FINANCIAL AFFIDAVITS.
ACCORDING TO RULE 6, A GRAND JURY MAY INDICT ONLY IF. . .
12 JURORS CONCUR
WHO RETURNS THE INDICTMENT AND WHERE IS IT RETURNED TO, REGARDING THE GRAND JURY?
THE FOREPERSON OR DEPUTY FOREPERSON RETURNS THE INDICTMENT.

THE INDICTMENT MUST BE RETURNED TO A MJ IN OPEN COURT.
WHAT IS A COMPLAINT?
A WRITTEN STATEMENT OF THE ESSENTIAL FACTS OF THE OFFENSE CHARGED, MADE UPON OATH BEFORE A MJ.
WHAT IS AN INDICTMENT?
A FORMAL CRIMINAL CHARGE THAT IS BROUGHT BY A GRAND JURY. THE 5TH AMENDMENT TO THE US CONSTITUTION REQUIRES THAT FELONY CASE BE PROSECUTED BY INDICTMENT.
WHAT IS AN INFORMATION?
A FORMAL CRIMINAL CHARGE BROUGHT BY THE US ATTORNEY ALONE, THAT IS WITHOUT ANY PARTICIPATION BY THE GRAND JURY IN THE CHARGING DECISION. MISDEMEANOR CASES ARE ORDINARILY PROSECUTED BY FILING OF AN INFORMATIO.