After an arrest, the prosecutor usually decides if formal charges will be filed with the court. If no charges are filed, the accused is released. A suspect charged with a crime must be taken before a judge or magistrate. At the initial appearance, the judge or magistrate informs the accused of the charges and decides whether there is probable cause to detain the accused. Usually, the defense counsel is assigned at the initial appearance.

A pretrial-release decision can be made at the initial appearance, but may be changed at other hearings. Historically, pretrial release and bail were intended to ensure the defendant’s appearance at trial. The court often bases its pretrial decision on substance (alcohol and other drugs) abuse, violence (lethality) potential and residence as well as employment information. The court may decide to release the accused after the posting of a bond or on the promise of complying with some conditions.

In many jurisdictions, the initial appearance is followed by a preliminary hearing to discover if there is probable cause to believe that the accused committed a crime within the court’s jurisdiction. If the judge does not find probable cause, the case is dismissed. However, if the judge or magistrate finds probable cause, the case may be bound over to a grand jury.

A grand jury hears the prosecutor’s evidence against the accused and decides if there is sufficient evidence for the accused to be brought to trial. Where the grand jury system is used, it may investigate criminal activity and issue indictments. After such indictments are issued, law enforcement apprehends and arrests suspects named in the indictment.

In some jurisdictions, defendants (usually without prior criminal records) may be eligible for diversion programs, e.g., drug treatment and/or alcohol treatment. Successful comple-tion of these programs may result in the dropping of charges.

Each level of decision making relies upon understanding the accused (suspect or defendant). In addition to alcohol and drug use, the Adult Presentence Evaluation assesses other important areas of inquiry like truthfulness, violence proneness, resistance, and stress handling abilities.