ABSTRACT

Discussed in this chapter are a variety of pretrial motions and procedures that influence the actual trial. Distinctions are made between mandatory and discretionary pretrial motions, with due consideration given to speedy trial and double jeopardy issues. The right to counsel at many pretrial proceedings is emphasized, while proceedings, such as photographic lineups, that do not generate a right to counsel are distinguished. The chapter integrates concepts of bail, speedy trial, and double jeopardy while offering an in-depth presentation of each category and illustrating the ramifications when the government violates a defendant’s rights.