Are There Any Limitations When a Person Is Presumed Guilty?

Are There Any Limitations When a Person Is Presumed Guilty?In many states, people who are arrested but not formally charged may be known as 'presumed guilty.' The person is usually held in jail until a jury trial can be scheduled, if the defendant is ever assigned to a court. Often, once a jury trial is scheduled and the defendant is booked into jail, there is a time period during which the defendant cannot call any of their attorneys or challenge the arrest.All states have a statute known as the 'Romeo and Juliet' provision that give criminal defendants and their attorneys the right to contact the arresting officer and any other witness for two hours after being booked into the jail. However, this right does not apply if the arresting officer provides a written statement. Therefore, a defendant who claims that they were just arrested without any prior notice or no probable cause to do so may be given the option to call their attorneys and defend themselves against what appears to be an unwarranted arrest.But even though police officers should be transparent and open with clients when a criminal suspect is arrested, a judge is not required to allow defendants the opportunity to confront their arresting officers directly. It is possible for a judge to set a hearing to schedule a pretrial conference. If a court has determined that the question of guilt should be decided by a jury trial, the judge will make the final determination about whether the defendant can enter the pretrial conference.At the pretrial conference, the defendant can challenge the official allegations against them and determine whether the evidence presented at the hearing supports the facts stated in the police report. A pretrial conference is not always necessary, especially if the arresting officer has provided sufficient notice to the defendant that a pretrial conference is forthcoming. However, the pretrial conference will protect the defendant from potential future delays caused by a poli ce officer's refusal to be transparent with his or her client.Most states require defendants to appear before a judge or the judge's magistrate at the pretrial conference. In many states, a judge will issue a written order during the pretrial conference stating that the defendant is presumed innocent, but not until after the defendant has been informed of the process by the police. In some jurisdictions, the defendant will be given a copy of the written order and an opportunity to ask for clarification.Although the constitutional right to a jury trial applies to a criminal defendant in all states, some states have laws that will allow a judge to postpone the trial if a probable cause arrest is made. In order to prepare for a probable cause arrest, police officers often request a bench warrant or a warrant for arrest. For the purposes of the pretrial conference, the pretrial conference will be a means of determining whether the defendant has been properly served with the arrest warra nt.Pretrial conferences can sometimes be rescheduled for a period of time; for example, if a judge needs more time to review the case and to determine whether it should be entered as a criminal case. In some jurisdictions, pretrial conferences are optional and the defendant will be notified if there is a date of the pretrial conference, if it is set and if the defendant requests it.The presumption applies to a defendant even if they were not arrested and charged with a crime. Generally, if a court finds probable cause that a crime was committed, the defendant must be brought before a judge. However, the presumption of innocence does not apply if the defendant is charged with a misdemeanor and has been released on bail.