Review of the process-
Arrest. Criminal prosecution typically begins with an arrest by a police officer.
Bail. If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release.
Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.
Preliminary Hearing or Grand Jury Proceedings. The government generally brings criminal charges in one of two ways: by a "bill of information" secured by a preliminary hearing or by grand jury indictment.
A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury then decides whether sufficient evidence has been presented to indict the defendant.
Pre-Trial Motions. Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial.
Trial. At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the burden of proof in a criminal trial.
Sentencing. During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant.
Criminal Law Stages of a Criminal Case :: Justia
