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5th edition
The Criminal
Law Handbook
Know Your Rights, Survive the System
by Attorneys Paul Bergman
& Sara J. Berman-Barrett
FIFTH EDITION February 2003
EDITOR Richard Stim
C
OVER DESIGN Toni Ihara
B

OOK DESIGN Stephanie Harolde
PRODUCTION Sarah Hinman
I
LLUSTRATIONS IMSI (in San Rafael);
The Learning Company
(“©1996 The Learning Company Inc.
and its licensors.“); Terri Hearsh
INDEX Ellen Davenport
PROOFREADING Robert Wells
P
RINTING Consolidated Printers, Inc.
Bergman, Paul, 1943-
The criminal law handbook : know your rights, survive the system / by Paul Bergman &
Sara J. Berman-Barrett 5th ed.
p. cm.
Includes index.
ISBN 0-87337-928-4
1. Criminal procedure United States Popular works. I. Berman-Barrett, Sara J., 1964-
II. Title.
KF9619.6 .B47 2003
345.73'05 dc21 2002043207
Copyright © 1997, 2000, 2002 and 2003 Paul Bergman and Sara J. Berman-Barrett
All Rights Reserved
Printed in the U.S.A.
No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by
any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission
of the publisher and the authors. Reproduction prohibitions do not apply to the forms contained in this
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For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo at 950

Parker St., Berkeley, CA, 94710.
Dedication
To Kevin and Hilary; Julia and Daniel.
—PB, SBB
Acknowledgments
Our thanks:
To Attorneys Jake Warner and Steve Elias of Nolo for first envisioning a book about the
criminal justice process.
To Janet Portman and Beth McKenna, also former public defenders, for all the hard work and
dedication to the text.
To Dean Laurie Levenson, a former prosecutor and legal commentator; Michael Roman, an
experienced criminal defense attorney; and Ron Schlesman, a longtime probation officer,
each of whom was kind enough to read through the entire text; and Law Professors David
Sklansky, Peter Arenella and David Dolinko of the UCLA School of Law and Michael
Graham of the Miami School of Law for their many insights, critiques and immensely helpful
suggestions.
To Nolo layout and design specialist Stephanie Harolde for her editing contributions and her
unflagging, cheerful and most excellent work on formatting the manuscript into its present
form.
To attorney Steve Harvey for his insightful comments about the nature of the U.S. criminal
justice system, and,
To the many resourceful employees of Nolo who put their heart and energy into producing
such warm and helpful books and making sure the public knows about them.
To another former public defender, David Barrett, for answers to legal questions, for lock-up
to courtroom reality checks, and for setting an example as one who truly pursued justice;
and
Much appreciation to Dr. LaVera Otoyo for sharing wisdom and stories gathered from her
many years of service to America’s juvenile justice system.
To the Martinez family, whose loving care enabled the long hours of research and writing.
To UCLA School of Law students Candace Novell and Shailly Gupta for their help in

preparing the 4th edition.
This page intentionally left blank
Table of Contents
Introduction
Section I: How Can This Book Help You? I/2
Section II: A Walk-Through of the Case of
State v. Andrea Davidson
,
a Fictional Robbery Prosecution I/7
1: Talking to the Police
Section I: Police Questioning of People Who Haven’t Been
Taken Into Custody 1/3
Section II: Police Questioning of Arrestees 1/10
2: Search and Seizure: When the Police Can Search
for and Seize Evidence
Section I: The Constitutional Background 2/5
Section II: Search Warrants 2/10
Section III: Warrantless and Consent Searches 2/14
Section IV: Warrantless Searches and the Plain View Doctrine 2/18
Section V: Warrantless Searches That Are Incident to Arrest 2/20
Section VI: “Stop and Frisk” Searches 2/22
Section VII: Searches of Car and Occupants 2/24
Section VIII: Warrantless Searches Under Emergency (Exigent) Circumstances 2/28
Section IX: Miscellaneous Warrantless Searches 2/29
3: Arrest: When It Happens, What It Means
Section I: General Arrest Principles 3/3
Section II: Arrest Warrants 3/8
Section III: Warrantless Arrests 3/9
Section IV: Use of Force When Making Arrests 3/11
Section V: Citizens’ Arrests 3/14

4: Police Procedures to Help Eyewitnesses Identify Suspects
Section I: An Overview of Eyewitness Identification Procedures 4/3
Section II: Lineups 4/7
Section III: Showups 4/18
Section IV: Photo IDs 4/19
Section V: Motions to Suppress Identifications 4/21
5: Booking and Bail: Checking In and Checking Out of Jail
Section I: The Booking Process 5/3
Section II: Arranging for Bail 5/6
Section III: Own Recognizance Release (Release O.R.) 5/15
6: From Suspect to Defendant: How Crimes Get Charged
Section I: Crime and Criminal Cases 6/3
Section II: To Charge or Not to Charge, That Is the Question 6/5
Section III: The Mechanics of Charging 6/13
Section IV: Grand Juries 6/16
Section V: Diversion 6/18
7: Criminal Defense Lawyers: Who They Are,
What They Do, How to Find One
Section I: Do I Need a Lawyer? 7/3
Section II: Court-Appointed Attorneys 7/6
Section III: Private Defense Attorneys 7/13
Section IV: Self-Representation 7/22
8: Understanding the Attorney-Client Relationship
in a Criminal Case
Section I: Confidentiality 8/3
Section II: Client-Centered Decision-Making 8/7
Section III: Lawyer-Client Communication 8/13
Section IV: Representing Guilty Defendants 8/14
Section V: Competent Clients 8/16
9: A Walk Through Criminal Court

Section I: The Courthouse 9/3
Section II: The Courtroom 9/4
Section III: The Courtroom Players 9/7
Section IV: Courtroom Behavior 9/13
10: Arraignments
Section I: Timing of Arraignments 10/3
Section II: Self-Representation at Arraignment 10/11
11: Developing the Defense Strategy
Section I: Overview 11/3
Section II: How the Defendant’s Version of Events May Limit
Defense Strategies 11/7
Section III: When Attorneys Ignore a Defendant’s Version of Events 11/11
Section IV: The Importance of Honesty in Developing a Defense Strategy 11/13
12: Crimespeak: Understanding the Language of Criminal Laws
Section 1: Mens Rea 12/5
Section II: The Meaning of Frequently Used Legal Language 12/8
Section III: Derivative Criminal Responsibility 12/13
Section IV: Murder and Manslaughter 12/19
Section V: Rape 12/23
Section VI: Burglary 12/25
Section VII: Robbery 12/28
Section VIII: Theft 12/29
Section IX: Hate Crimes 12/33
Section X: The Patriot Act 12/35
13: Defensespeak: Common Defenses to Criminal Charges
Section I: Prosecutor’s Failure to Prove Guilt 13/3
Section II: “Partial” Defenses 13/6
Section III: Self-Defense 13/9
Section IV: Alibi 13/12
Section V: Insanity 13/13

Section VI: Intoxication (Under the Influence of Drugs or Alcohol) 13/17
Section VII: Entrapment 13/19
Section VIII: Jury Nullification 13/20
14: Discovery: Exchanging Information With the Prosecution
Section I: Modern Discovery Policy 14/2
Section II: Discovery of Helpful Information 14/3
Section III: Discovery of Harmful Information 14/6
Section IV: Reciprocal Discovery 14/9
15: Investigating the Facts
Section I: Interviewing Prosecution Witnesses 15/2
Section II: Finding and Interviewing Defense Witnesses 15/5
Section III: Other Investigation Tasks and Their Costs 15/6
16: Preliminary Hearings
Section I: What Preliminary Hearings Are and When They Are Held 16/2
Section II: Basic Rights During Preliminary Hearings 16/7
Section III: Common Defense and Prosecution Strategies at the
Preliminary Hearing 16/10
17: Fundamental Trial Rights of the Defense
Section I: The Defendant’s Right to Due Process of Law 17/3
Section II: The Prosecution’s Burden of Proof 17/5
Section III: The Defendant’s Right to Remain Silent 17/8
Section IV: The Defendant’s Right to Confront Witnesses 17/11
Section V: The Defendant’s (and the Media’s) Right to a Public Trial 17/13
Section VI: A Defendant’s Right to a Jury Trial 17/16
Section VII: A Defendant’s Right to Counsel 17/18
Section VIII: A Defendant’s Right to a Speedy Trial 17/20
Section IX: The Defendant’s Right Not to Be Placed in Double Jeopardy 17/22
18: Basic Evidence Rules in Criminal Trials
Section I: Overview 18/3
Section II: Rules Regulating the Content of Testimony 18/7

Section III: Rules Regulating the Manner of Testimony 18/19
Section IV: Scientific Evidence 18/22
Section V: Privileged (Confidential) Information 18/27
19: Motions and Their Role in Criminal Cases
Section I: The Basic Procedures 19/3
Section II: Common Pretrial Motions 19/6
Section III: Motions During Trial 19/11
Section IV: Motions After Trial 19/13
20: Plea Bargains: How Most Criminal Cases End
Section I: Plea Bargaining—The Basics 20/3
Section II: The Pros and Cons of Plea Bargains 20/4
Section III: The Plea Bargaining Process 20/8
Section IV: The Strategy of Negotiating Plea Bargains 20/13
21: The Trial Process
Section I: Summary of the Trial Process 21/4
Section II: Choosing a Judge or Jury Trial 21/5
Section III: Jury Voir Dire 21/7
Section IV: Motions in Limine 21/11
Section V: Opening Statements 21/12
Section VI: Prosecution’s Case-in-Chief 21/14
Section VII: Direct Examination of Witnesses 21/15
Section VIII: Cross-Examination 21/18
Section IX: Defense Motion to Dismiss 21/19
Section X: Defendant’s Case-in-Chief 21/19
Section XI: Closing Argument 21/21
Section XII: Instructing the Jury 21/23
Section XIII: Jury Deliberations and Verdict 21/25
22: Sentencing: How the Court Punishes Convicted Defendants
Section I: Overview of Sentencing 22/4
Section II: Sentencing Procedures 22/10

Section III: Sentence Options 22/16
Section IV: The Death Penalty 22/27
23: Appeals: Seeking Review by a Higher Court
Section I: Appeals 23/2
Section II: Writs 23/8
24: How the Criminal Justice System Works: A Walk Through
Two Drunk Driving Cases
Section I: Questions and Answers About DUI (Driving Under the Influence) 24/2
Section II: DUI Case Examples 24/11
25: Juvenile Courts and Procedures
Section I: A Brief History of U.S. Juvenile Courts 25/3
Section II: Juvenile Court Jurisdiction 25/4
Section III: Deciding Whether to File Charges 25/7
Section IV: The Right to Counsel and Other Constitutional Rights 25/10
Section V: Trying Juveniles As Adults 25/14
Section VI: Sentencing (Disposition) Options 25/18
Section VII: Sealing Juvenile Court Records 25/23
26: Prisoners’ Rights
Section I: Prisons and Prisoners’ Rights 26/3
Section II: Legal Resources for Prisoners and Their Families 26/13
Section III: Parole 26/17
Section IV: Pardons 26/19
27: Looking Up the Law
Section I: What to Research 27/2
Section II: Where to Do Research 27/14
Section III: Glossary 27/16
Index
Introduction
Section I: How Can This Book Help You? I/2
1. Who can benefit from this book? I/2

2. Is this book a step-by-step guide to self-representation in criminal cases? I/3
3. How is this book organized? I/4
4. How can this book help me understand the criminal rules and proceedings
in my locality? I/4
5. How can I find specific answers to specific questions in this book? I/6
Section II: A Walk-Through of the Case of
State v. Andrea Davidson,
a Fictional Robbery Prosecution I/7
I/2 CRIMINAL LAW HANDBOOK: KNOW YOUR RIGHTS
Section I: How Can This
Book Help You?
J
ust about everyone is touched in some
way by our criminal justice system. You, a
relative or a friend may be arrested and
charged with a crime. Or perhaps you’ve
been the victim of one. Maybe you’re a
teacher, social worker or counselor who
needs clear answers to pressing questions so
you can help others understand how the
criminal justice system works. This book is
for all of you, and for anyone else who
wants to understand a little more about such
gripping modern-day dramas as the O.J.
Simpson, Menendez brothers and Timothy
McVeigh trials.
The book uses an easy-to-understand
question-and-answer format to explain the
criminal justice system, inside and outside
the courtroom. When can a police officer

make an arrest? Is it a good idea to talk to
the police? Who decides whether to charge
someone with a crime, and what crime to
charge? Is self-representation ever a good
idea in criminal cases? Should defendants
conceal their guilt from their attorneys?
What factors might convince a judge to
release a jailed person on low bail—or
waive bail altogether? These are among the
hundreds of practical questions the book
addresses.
1. Who can benefit from this book?
Many people can benefit from the informa-
tion in this book:
• If you are accused of a crime. If you are
facing criminal charges, you should read
this book carefully, even if you have a
lawyer. Your case belongs to you, not to
your lawyer, and you will want to know
enough about what’s going on to
intelligently participate in important
decisions that are likely to affect its
outcome. The better educated you are
about the system, the more likely it is
that you will receive high quality legal
services, because you will be in a
position to insist that they be provided to
you.
• Defendants’ family members and
friends. If someone close to you faces

criminal charges, you’ll want to know
what is happening and how you can be
of help. Does it matter whether you are
there in the courtroom when your friend
or relative is arraigned? What factors
should you consider if you are asked to
post bail or sign a bail application for
someone else? How should you respond
if asked for your opinion by your friend
or relative on whether he or she should
plead guilty or ask for a jury trial? What
types of support or counseling can you
properly offer a friend or relative
Introduction I/3
throughout his or her criminal case?
Knowing the answers to these and many
other questions will make you a better
helper.
• Crime victims. Until recent years, crime
victims were largely shut out of the
criminal justice process. Now victims
often play more active roles, for ex-
ample, by addressing the judge at the
time a defendant is sentenced. Thus, if
you are a victim, you too will want to
understand how the process works and
where in the process you can expect to
have an effect on how the case is
prosecuted.
• Concerned citizens. Have you ever

watched a trial on TV and wanted to
know what all the mumbo-jumbo is
about? Complained about the costs
associated with crime? Been called for
jury duty? Whatever prompts your
interest, the criminal justice system
belongs to you. You have a right to know
how it works. The information in this
book tells you what you never learned in
high school civics.
2. Is this book a step-by-step guide
to self-representation in criminal
cases?
No. The book is in no way intended as a
detailed guide to self-representation. It is,
however, designed to empower criminal
defendants by helping them understand
every phase of the criminal justice process
and what types of defenses and strategies are
available to them.
Except for those who are charged with
very minor offenses, defendants almost
always benefit from the advice and counsel
of attorneys knowledgeable about the law
and the ins and outs of the particular court
where the case will be heard. The reasons
why self-representation is not advisable in
most criminal cases include:
• In criminal cases, defendants are up
against the power and resources of the

government. Individual defendants are
no match for the police officers and
prosecutors who work in the system
every day.
•The stakes are often high in criminal
cases. A conviction may entail a stiff
fine, imprisonment, loss of employment
and other penalties, such as deportation
(of a noncitizen) and the loss of the right
to vote and possess a firearm.
•Judges, prosecutors and jurors are likely
to be prejudiced against self-represent-
ing defendants. Such defendants are
likely to be seen as guilty “head cases”
who are adding to their sins by trying to
disrupt the judicial system.
•Laws and court practices, the knowledge
of which are required for a successful
outcome, often are “hidden” in appel-
late court rulings and unwritten policies
which you cannot easily research.
While the information in the book will
no doubt assist those defendants who
choose self-representation, the authors
assume that those facing criminal charges for
which jail or prison is a possibility are
represented by an attorney, either privately
retained or appointed at government ex-
pense.
I/4 CRIMINAL LAW HANDBOOK: KNOW YOUR RIGHTS

3. How is this book organized?
Like this introduction, the book offers easy-
to-follow questions and answers for each
phase of the criminal justice process.
Throughout the book, we have included
examples that illustrate specific questions,
sample dialogues of court proceedings and
specific tips for the reader. Sample docu-
ments commonly used in the criminal justice
process are located at the end of the chapter
in which they are discussed. The examples
are provided as illustrations only. They are
not designed to predict exactly what will
happen in a particular case.
4. How can this book help me
understand the criminal rules and
proceedings in my locality?
This book describes the criminal justice
system as it tends to operate throughout the
country. But each state, as well as the federal
government, has its own set of criminal laws
and procedures.
Thus, if you need to know the terms of a
specific law, or the procedures your local
court will follow, you will need to consult
the rules for your jurisdiction. Chapter 27
explains how to find such rules and other
important information in a law library and
on the Web. Throughout the book, you will
also find suggestions for sources to consult

for more detailed information about specific
topics. And the glossary at the end of
Chapter 27 explains many of the key words
you will need to understand laws and
procedures no matter what court you are
researching.
Introduction I/5
Comparison of Federal and State Systems
The vast majority of criminal prosecutions take
place in state courts. The chart below highlights
some of the key differences between state and
federal criminal systems.
• Jurisdiction (“power” to decide cases). A
state has power over defendants who violate
the laws of that state. The federal govern-
ment has power over defendants who com-
mit criminal acts on federal property (for
example, an assault in a national park) or
whose criminal acts cross state lines (for ex-
ample, a kidnapper who transports a victim
from Iowa to Missouri). The federal govern-
ment also has jurisdiction over a group of
federally defined crimes such as offenses
related to immigration fraud and U.S. Cus-
toms violations. A state and the federal gov-
ernment can have “concurrent” power over
a defendant when the same criminal activity
violates both state and federal laws (for ex-
ample, selling drugs or robbing banks). In
those situations, state and federal prosecu-

tors make case-by-case decisions as to
whether a defendant will be prosecuted in
state or federal court.
• Police Officers. Typical state police officers
are county sheriffs and city police officers.
Typical federal police officers are agents of
the FBI and DEA (Drug Enforcement Admin-
istration).
• Prosecutors. Federal criminal prosecutions
are handled by U.S. Attorneys, who are ap-
pointed by and are ultimately responsible to
the U.S. Attorney General. State prosecutors,
many of whom are elected on a countywide
basis, carry a variety of titles; common ones
are district attorney, state’s attorney and city
attorney.
• Defense Attorneys. Most criminal defen-
dants qualify for government-paid defense
attorneys. Government-paid attorneys are
usually employed either by an office of the
Federal Public Defender or a county’s Pub-
lic Defender office. (For information about
the differences between government-paid
and privately retained defense attorneys,
see Chapter 7.)
• Trial Courts. Most federal criminal prosecu-
tions occur in United States District Courts.
State courts carry such titles as “superior
court,” “municipal court,” “police court” or
“county court,” depending on the state and

the seriousness of criminal charges.
• Judges. Federal trial judges are known as
District Court Judges; they are appointed
for life by the President, subject to confir-
mation by the U.S. Senate. State court
judges are typically initially appointed by
governors and then are subject to election
every few years. State court trial judges
carry such titles as Superior Court Judge,
Municipal Court Judge and (in New York)
Supreme Court Judge. In both state and fed-
eral courts, magistrates may preside over
pretrial hearings such as bail hearings, as
well as less serious criminal trials.
• All-Purpose vs. Specialized Judges. Federal
courts use the “all-purpose judge” system.
This means that the same judge almost al-
ways presides over a case from beginning
to end—that is, from a defendant’s first
court appearance to final acquittal or sen-
tencing. Some states also follow the all-
purpose judge model. In many states, how-
ever, judges are specialized. For example,
one judge may determine bail (see Chapter
5), another judge may hear pretrial motions
(see Chapter 19) and a third judge may pre-
side over a trial (see Chapter 21).
I/6 CRIMINAL LAW HANDBOOK: KNOW YOUR RIGHTS
5. How can I find specific answers
to specific questions in this book?

There are a number of ways to use this book
to quickly find answers to your questions. If
you can determine from the table of contents
at the front of the book which chapter or
chapters cover the subject matter of your
question, go directly to that chapter and
skim the questions set out at the beginning.
If you aren’t sure what chapter to look in,
consult the index. If the index doesn’t get
you to where you need to go, simply skim
through the chapters and quickly review the
questions. If you come across words you
don’t understand, check the glossary in
Chapter 27, which defines many key crimi-
nal law terms.
Multiple Coverage of
Some Subjects
As you read through the book, you may
notice that the same topic may arise in more
than one chapter. For example, we refer to
“motions in limine” in Chapters 19 and 21.
We do this to reduce cross-referencing and to
help readers who want to read about a
particular part of the criminal justice process
before reading the book from beginning to
end.
Keep in mind that you may need to
consult more than one chapter to get
answers to your question. For example, if
you want to know when police can search

your home, you will find answers in both
Chapter 2, Search and Seizure, and Chapter
3, Arrest.
We encourage readers to use the
registration card at the back of the book to
pose questions of general concern. We’ll
incorporate the answers to these questions in
future editions.
Icons Used in This Book
Look for these icons to alert you to certain
kinds of information.
The “caution icon” warns you of
potential problems.
This icon refers you to helpful books
and other resources for further information.
Introduction I/7
Section II: A Walk-Through
of the Case of
State v. Andrea
Davidson,
a Fictional
Robbery Prosecution
This walk-through is intended to quickly
familiarize you with what may happen as a
case wends its way through the criminal
justice system. While no two cases follow
the identical procedural path, the example
provides an overview of the entire process
and serves as a guide to where you’ll find
answers to the questions posed in the walk-

through, as well as loads of additional
important information.
1. Andrea Davidson is walking along a
public street when Officer Kevin Daniels
walks up to her and says, “Excuse me, I’d
like to ask you a few questions.”
• Can the officer legally do this?
• Does Officer Daniels have to possess
reliable information connecting Andrea
to criminal activity before the officer can
question her?
• Does Andrea have to answer the officer’s
questions? Is it a good idea for her to
talk to the officer even if she doesn’t
have to?
• If Andrea believes that she has done
nothing wrong, does she have anything
to lose by talking to the officer?
See Chapter 1, Talking to the Police.
2. For many folks who are stopped and
questioned, lawfully or otherwise, contact
with the criminal justice system ends after
the police finish “on the street” questioning.
But as an example in our walk-through,
Andrea has a long road ahead of her. Before
questioning Andrea, Officer Daniels pro-
ceeds to “frisk” her (pat down her outer
clothing).
•What’s the difference between a frisk
and a search?

• Can police officers search suspects as a
matter of routine?
• If during the frisk the officer feels what
the officer believes to be a suspicious
object, can the officer remove it from
Andrea’s clothing?
See Chapter 2, Search and Seizure:
When the Police Can Search for and Seize
Evidence.
3. Officer Daniels removes a gun from
Andrea’s coat, and arrests her for carrying a
concealed weapon.
•What constitutes an arrest?
• Do police always take an arrested
suspect to jail?
•Was the officer required to get a warrant
before arresting Andrea?
See Chapter 3, Arrest: When It Happens,
What It Means.
I/8 CRIMINAL LAW HANDBOOK: KNOW YOUR RIGHTS
4. Andrea is taken to jail by Officer
Daniels.
•What will happen to Andrea when she’s
booked into jail?
•How soon will Andrea have a chance to
bail out of jail?
•What’s the difference between posting
cash bail and buying a bail bond?
See Chapter 5, Booking and Bail:
Checking In and Checking Out of Jail.

5. Feeling very alone and scared, Andrea
considers contacting a lawyer.
• Does Andrea have a right to an attorney?
What if she can’t afford to hire one?
• If Andrea wants to represent herself,
does she have a right to do so? Is self-
representation generally a good idea?
•How can Andrea find a lawyer if she’s in
jail?
•What’s the difference between private
lawyers and public defenders?
• If Andrea is represented by a lawyer,
does the lawyer make all the decisions?
• If Andrea talks to the lawyer while she’s
in jail, is their conversation confidential?
•What does it mean for the government
to have to provide Andrea with “due
process of law”?
See Chapter 7, Criminal Defense
Lawyers: Who They Are, What They Do,
How to Find One, Chapter 8, Understanding
the Attorney-Client Relationship in a Crimi-
nal Case, and Chapter 17, Fundamental Trial
Rights of the Defense.
6. Suspecting that Andrea was the
culprit who had robbed a convenience store
a short time before her arrest, Officer
Daniels and another police officer question
Andrea about her whereabouts at the time of
the robbery.

•What are the “Miranda” rights that
police officers often read to suspects?
• If the police fail to warn Andrea of her
“Miranda” rights, does the case have to
be thrown out?
• If Andrea starts talking to the police
before they can warn her about her
“Miranda” rights, can what she says be
used against her in court?
See Chapter 1, Talking to the Police.
7. Officer Daniels asks Andrea to
participate in a lineup to determine whether
the store owner who was robbed at gun-
point, Hilary Julia, is able to identify Andrea
as the robber.
•What happens at a lineup?
• Does Andrea have to participate in the
lineup?
• Instead of conducting a lineup, could
the police have shown the store owner a
picture of Andrea?
• If Andrea has a lawyer, does she have
the right to have her lawyer attend the
lineup?
• Can the police compel Andrea to speak
during the lineup?
See Chapter 4, Police Procedures to
Help Eyewitnesses Identify Suspects, and
Chapter 17, Fundamental Trial Rights of the
Defense.

Introduction I/9
8. Andrea’s answers to Officer Daniels’s
questions lead the officer to suspect that
evidence linking Andrea to the robbery is
inside her home (such as some of the loot
and a cap that the robber wore during the
robbery). Officer Daniels wants to get hold
of this evidence.
• Does the officer need to obtain a search
warrant before entering Andrea’s home?
• If the officer legally enters Andrea’s
house looking for evidence connecting
her to the robbery and finds illegal
drugs, can the officer seize the drugs
and charge Andrea with another crime?
• If the officer enters Andrea’s house
illegally, does the case against her have
to be dismissed?
See Chapter 2, Search and Seizure:
When the Police Can Search for and Seize
Evidence.
9. Andrea is formally charged with
armed robbery.
• Does Officer Daniels make the decision
about whether to charge Andrea with a
crime?
•How long does the government have to
decide whether to charge Andrea with a
crime?
• Does the prosecutor have to seek an

indictment from a grand jury?
•What does the prosecution have to
prove to convict Andrea of armed
robbery?
See Chapter 6, From Suspect to Defen-
dant: How Crimes Get Charged, and Chap-
ter 12, Crimespeak: Understanding the
Language of Criminal Laws.
10. Andrea is taken to court and “ar-
raigned” on the armed robbery charge.
•What will the courtroom be like?
• If Andrea doesn’t have a lawyer yet,
what should she do? Can she represent
herself?
•What happens at an arraignment?
• Is the arraignment judge authorized to
release Andrea from jail?
See Chapter 9, A Walk Through Criminal
Court, and Chapter 10, Arraignments.
11. Andrea tells the arraignment judge
that she wants a lawyer but can’t afford to
hire one, so the judge appoints a lawyer to
represent her.
•Will the attorney ask Andrea to tell her
side of the story?
• Can the attorney do anything to help
Andrea if she tells the attorney that she
committed the robbery?
•What kinds of legal challenges can a
defense attorney make before a case

goes to trial?
• Does the lawyer have to keep everything
Andrea says confidential?
•What decisions about her case does
Andrea have the right to make?
See Chapter 8, Understanding the
Attorney-Client Relationship in a Criminal
Case, Chapter 11, Developing the Defense
Strategy, and Chapter 19, Motions and Their
Role in Criminal Cases.
I/10 CRIMINAL LAW HANDBOOK: KNOW YOUR RIGHTS
12. Andrea’s lawyer talks to her about
the possibility of entering into a plea bar-
gain.
•What rights would Andrea give up by
pleading guilty?
• Can her lawyer insist that Andrea enter
into a plea bargain?
•What does Andrea have to gain by
pleading guilty?
•What factors will influence any “deal”
that Andrea is offered?
•What is the judge’s role in the plea
bargaining process?
See Chapter 10, Arraignments, and
Chapter 20, Plea Bargains: How Most
Criminal Cases End.
13. Andrea pleads not guilty at the
arraignment, and decides that even though
she has a lawyer she should try to find out

more about the crime she’s charged with.
• Andrea’s lawyer tells her that robbery is
a specific intent crime. What does
specific intent mean, and how will the
prosecutor try to prove it?
•What are the possible defenses that
Andrea can raise at trial?
• If Andrea wants to do legal research in a
library or on a computer, how can she
find information relevant to her case?
See Chapter 11, Developing the Defense
Strategy, Chapter 12, Crimespeak: Under-
standing the Language of Criminal Laws,
Chapter 13, Defensespeak: Common
Defenses to Criminal Charges, and Chapter
27, Looking Up the Law.
14. At the conclusion of Andrea’s
arraignment, the judge schedules a date for a
preliminary hearing.
•What is the purpose of a preliminary
hearing?
• Do Andrea and her lawyer have a right
to be present at the preliminary hearing?
•How can a preliminary hearing benefit
the defense?
See Chapter 16, Preliminary Hearings.
15. At the conclusion of Andrea’s
preliminary hearing, the judge finds there is
probable cause to try her for robbery and
sets her case for trial. Andrea’s attorney tells

her that “I’ll continue gathering information
in preparation for trial.”
• Does the prosecutor ever have to turn
information over to the defense?
• Does the defense ever have to turn over
information to the prosecutor?
• Does the defense have a right to inter-
view prosecution witnesses?
•What can Andrea do to help her attor-
ney investigate the case?
See Chapter 14, Discovery: Exchanging
Information With the Prosecution, and
Chapter 15, Investigating the Facts.
16. Though most cases end with dismiss-
als or guilty pleas before trial, Andrea’s case
does go to trial.
Introduction I/11
•Why does the prosecution get to present
its evidence first?
•What is the hearsay rule?
• If Andrea testifies, can the prosecutor
offer evidence of her previous illegal
conduct?
• Is Andrea entitled to a jury trial?
• Can the prosecution force Andrea to
testify?
• Does Andrea have to convince the judge
or jury of her innocence?
See Chapter 17, Fundamental Trial
Rights of the Defense, Chapter 18, Basic

Evidence Rules in Criminal Trials, and
Chapter 21, The Trial Process.
17. Andrea is found guilty of armed
robbery and a date is set for sentencing.
•What happens at a sentencing hearing?
•How might Andrea be punished other
than or in addition to going to jail?
•What factors are likely to affect Andrea’s
sentence?
•What can Andrea do to earn the lightest
possible sentence?
• If after she’s been found guilty, Andrea
uncovers for the first time an important
witness who supports her alibi defense,
what can she do?
See Chapter 19, Motions and Their Role
in Criminal Cases, and Chapter 22, Sentenc-
ing: How the Court Punishes Convicted
Defendants.
18. Andrea believes that her conviction
was a mistake and wants to appeal it.
•How do appellate court judges find out
about what took place at Andrea’s trial?
•Will appellate court judges consider
Andrea’s argument that the jury
shouldn’t have believed the prosecutor’s
witnesses?
• If the trial judge made an error of law,
will the appellate court necessarily
overturn Andrea’s conviction?

See Chapter 23, Appeals: Seeking
Review by a Higher Court.
19. The conviction is overturned be-
cause the judge mistakenly barred certain
evidence from the trial. Andrea is retried and
this time is found not guilty.
• Can the prosecutor appeal the not guilty
verdict to a higher court?
• Can the prosecutor re-file the armed
robbery charge in the future if new
evidence turns up?
• Can the prosecutor ask the judge to
order a new trial on the ground that the
jurors afterwards said that they thought
that Andrea was guilty but that she
didn’t deserve punishment?
See Chapter 13, Defensespeak: Com-
mon Defenses to Criminal Charges, Chapter
17, Fundamental Trial Rights of the Defense,
and Chapter 19, Motions and Their Role in
Criminal Cases.