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PROBATION

Probation is a type of sentencing by which a trial court suspends the imposition of imprisonment and releases a defendant into the community based upon certain conditions. Probation is an alternative to imprisonment. Probation is similar to parole because it grants freedom from incarceration.

Depositions

Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition.

Arraignments

After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged. The defendant is also apprised of his right to:

WITNESS TAMPERING

A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding.

Wiretaps and Electronic Surveillance Devices

Under the United States Code wiretaps are permitted after a proper application has been made for their usage. A wiretap is defined as a form of electronic surveillance whereupon law enforcement officers listen to phone conversations or other communications of certain individuals. States have enacted their own statutes that cover the procedures and issuance of permits to conduct a wiretap.