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A Walk Through Two Drunk Driving Cases: How the Criminal Justice System Works


Preparation of the Police Reports

Later that night, the arresting officers completed their paperwork documenting the arrests, including arrest and investigation reports, a statement for the department of motor vehicles and additional pages with notes and comments.

The Preparation of the Criminal Complaint

The officers' reports were delivered to the district attorney's intake desk at the courthouse. Both defendants' reports ended up on the desk of D.A. Ira Davidson. Davidson glanced at the police reports and filled in the appropriate blanks on the criminal complaint forms as he had done with nearly 150 criminal complaints that day.

Phone Calls and Bail

A couple of hours later, after handling other matters and running computer checks to see if the suspects had criminal records, a police officer went to their respective cells and told Daniels that his bail had been set at $500 and Rogers that hers had been set at $3,500. (Rogers, it turned out, had been convicted of a DUI the year before.)

Both were allowed to make phone calls. Daniels reached his mother who came down and paid the $500. He left on bail and was given a summons to appear in court for an arraignment the following week. Rogers wasn't as successful. She was too embarrassed to call her parents, and none of the friends she phoned were home so she spent the night in jail.

Rogers Goes to Court for Her Arraignment

The next morning, Rogers was taken to court for an arraignment. This is the initial court appearance where the defendant enters a plea, gets a court-appointed lawyer (if he or she can't afford to pay for one) and asks to be released on little or no bail (if he or she hasn't already bailed out).

Rogers spent two hours in the courthouse lockup waiting for Judge Diana Benjamin to call her case. When the case was finally called, a bailiff led Rogers into the courtroom. Still handcuffed, Rogers stood before the judge and waited. Judge Benjamin was looking over some papers and talking with her clerk. Rogers stood waiting. She heard the judge ask her clerk for another cup of coffee, then look down and say, "Rogers?"

Copyright 2005 Nolo

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