A criminal case is a legal process in which a law
enforcement agency charges a defendant with committing a crime. The criminal
case process is long and complicated and can take weeks to years.
If you’ve been charged with a crime, you need to understand
the process to know what to expect as your case moves forward. The following is
a breakdown of what happens in the process of a criminal case.
1. Investigation
Investigations help provide more information to
prosecutors. A prosecutor may work with one government agency, but many cases
often involve multiple agencies.
Before presenting a case to a jury, the prosecutor must
evaluate any direct and circumstantial evidence available.
A prosecutor can obtain evidence through:
- Exploratory check of a
defendant or property
- Witness interviews
- Visual
observations
- Document requests
- Samples from the crime
scene
You should note that a prosecutor needs a search warrant
before they search your property.
2. Arrest And Bail
Law enforcement officers may arrest a defendant under the
following circumstances:
- When an officer sees the
defendant committing a crime
- When an officer has
probable cause
- When an officer has a
valid arrest warrant
The police will complete the booking process, which
involves a report that summarizes the events leading up to the arrest.
A defendant can pay a bail amount in exchange for their
freedom. Depending on the facts of the case, a judge may grant bail and
schedule subsequent court proceedings. The decision to award bail depends on
the defendant's criminal record, the threat to public safety, and family ties.
3. Arraignment
A defendant first appears in court in the arraignment
phase. A judge informs the defendant of the charges, their rights, and the
arrangements for a defense attorney.
The judge will also ask the defendant to enter a plea; not
guilty, guilty, or no contest. If a defendant pleads guilty, the case won't go
to trial.
4. Discovery
The defense attorney and the prosecutor study the evidence
to become familiar with the case facts in preparation for the trial. Either
side can file pretrial motions to establish proof and admissible testimony at
trial.
5. Preliminary Hearing
If the defendant pleads not guilty, the judge may hold a
preliminary hearing.
The burden to show probable cause rests with the prosecutor
for the defendant to stand trial. At this point, the judge only hears from the
prosecutor.
6. Trial
The defendant will decide whether to have a jury or a court
trial. Both the state and the defendant present their case in that order.
At the trial stage, the prosecutor bears the burden of
proof. The prosecutor has to provide enough evidence to prove the defendant is
guilty beyond any reasonable doubt.
If the judge or jury finds the defendant guilty, they will
sentence the defendant. If they find the defendant innocent, they will acquit
them.
7. Sentencing
During the sentencing phase, the judge further explores the
presented facts and the statements by the victims and lawyers.
Using the United
States Sentencing Commission
guidelines, the court issues an appropriate
punishment for the defendant.
Several factors play into the sentence, including the
severity of the crime, the defendant's criminal history, and any remorse
expressed by the defendant for the crime.
8. Appeal
If dissatisfied by the trial, a defendant can request a
review by an appellate court. The defendant has a chance to outline any legal
errors or abuses during the trial.
The higher court may decide to reverse the decision, affirm
the decision, or remand the case for retrial.
Hopefully, the information above will help you better
understand the criminal case process. The steps outlined above are not
comprehensive, and some cases may involve more steps.
If you would like to discuss a pending criminal case, don't
hesitate to contact
Mark
J. Geiger, Attorney at Law today.
