John Doe is an individual that left his country in ...

John Doe is an individual that left his country in an effort to make a better life for himself. However, he does not have legal status in America and was recently arrested for shoplifting, which was valued over $1,000. John Doe has had no prior arrests, is 35 years old and most of John Doe?s family still resides in his home country. Due to the large amount of monies involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is going to face the judge in the Ocean County Superior Court; however, he has no money for bail. Please address the following questions and provide what John is afforded in terms of rights under our system of justice.

 

Since John is charged with a felony, describe and contrast the preliminary hearing and grand jury alternatives that the state can use to seek a finding of probable cause.

 

Explain what an arraignment is and what occurs during an arraignment.

 

if anyone can help me with these question I would appercaite it.. I am stuck on these  two

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John Doe has a right to have a Public Defender appointed to represent him. The Public Defender can answer the questions you pose more authoritatively than I can, since I am not a lawyer.

An arraignment is merely a hearing when the defendant, usually, pleads "not guilty."  I will assume that your friend is still in custody, and has not bailed out.  In California, it is likely that ICE (Immigration and Customs Enforcement) would have already placed a "hold" on him.  That means, that even if his bail is posted, the corrections department will not release him, absent an immigration bond being posted.  Immigration will wait for his criminal case to finish (through completion of his sentence) and then proceed with deportation proceedings.

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