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The first U.S. pretrial services program was the Manhattan Bail Project. Established in 1961, the program was designed to help defendants who were unable to post the financial surety bond conditions set in New York City.
The main purpose of the hearing is to determine the evidence, including testimony and evidence seized at the time of arrest. [ 1 ] The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case.
Such a conference may be initiated through either party, usually by the conveyance of a settlement offer; or it may be ordered by the court as a precedent (preliminary step) to holding a trial. Each party, the plaintiff and the defendant , is usually represented at the settlement conference by their own counsel or attorney .
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
This standard is an ongoing obligation throughout the lifespan of a criminal investigation and trial. While the majority of disclosure will likely take place at the outset of a trial - usually at or before the Pre-trial Preparation Hearing (PTPH), multiple disclosures may occur throughout a case as required. The CPIA 1996 Disclosure Test
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence.
If the requirements for the use of pre-trial detention are present, but the purpose of the detention may be achieved by less invasive measures, the court, with the consent of the charged, makes a decision about a substitute for pre-trial detention. Part 2. The court may thus decide, that the charged must (...) supply an economic guaranty for ...
It was developed as a means to reduce both crimes committed by persons released into the community pending trial and unnecessary pretrial detention. Twenty three districts have both separate U.S. Probation and Pretrial Services Offices. In the remaining 71 districts, the probation office provides pretrial services to the court.