Pretrial procedures
1. Preliminary hearing: if A arrested w/o a warrant and significant restraints have been imposed, must have a prelim hearing to determine probable cause within a reasonable time; it is an informal, non-adversarial proceeding
2. Pretrial detention and bail: most states have created a right to bail unless capital charge; bail must be set no higher than is necessary to ensure  A’s appearance at trial; refusal to grant bail may be immediately appealed; preventive detention ok; arbitrary denial of bail violates due process
3. Grand juries: secret proceeding; A has no right to notice, counsel,  presence, confrontation of witnesses, or presentation of evidence; no right to have evidence excluded; exclusion of minorities is reversible error
4. Speedy trial: totality of the circumstances standard; consider length of delay, reason for delay, whether A asserted right, prejudice to A; remedy is dismissal with prejudice; right attaches at arrest or charge
5. Prosecutor’s duty to disclose exculpatory evidence: failure is violation of due process; reversible error if A proves that it was favorable to him and prejudice has resulted
6. Notice of defenses: A must notify state of intent to use insanity plea or an alibi and must give list of alibi witnesses; state must provide list of rebuttal alibi witnesses; state can’t comment on A’s failure to use any witnesses on the list
7. Competency to stand trial: A incompetent if he lacks a rational and factual understanding of charges/proceedings or lacks sufficient present ability to consult with counsel with a reasonable degree of understanding; A’s burden by preponderance of evidence