The criminal prosecution process occurs over the course of a number of stages, and it’s important that you know what to expect if you end up in legal trouble. Here’s a quick breakdown of the stages of a criminal case:
Arrest – Every criminal case begins with an arrest or citation. If a police officer witnesses you committing a crime or has probable cause to believe that a crime has occurred, they can place you under arrest and take you into custody.
Charges and Bail – Once in custody, you will be informed of the charges you are facing and if you are eligible for bail. For the majority of individuals, they will be granted the opportunity to pay bail or secure a bail bond in order to be released with the understanding that they will show up for all their future court appearances. If you hire a criminal defense lawyer, they may be able to appear on your behalf at some future court dates, but you’ll want to confirm with them whether or not you should attend the hearing.
First Appearance – Also known as an arraignment, this is your first appearance in court. During this appearance, a judge will formally read the charges filed against you. You or your lawyer will then plead guilty, not guilty or no contest to the charges. Your bail amount may also be reviewed or adjusted during the arraignment.
Preliminary Hearing – During a preliminary hearing, both sides will make arguments to a judge to determine if there is enough evidence to move forward with the case. If the judge determines that probable cause exists that a crime occurred, they will move forward with a formal trial.
Pretrial Motions and Jury Selection – During these stages, both sides will establish what evidence and testimony will be admissible at trial, and they select jurors from a juror pool to make a determination about the case.
Trial – Finally, the case heads to trial where the prosecution and defense make their arguments to a judge or jury. At the conclusion of the trial, the presiding party will read a verdict of guilt or innocence, and if guilty, a sentencing date will be set.
Sentencing – At sentencing, the parties will reconvene and the court will read the determined punishment for the defendant. A number of different factors, including the severity of the crime, the defendant’s background and the circumstances of the case will determine the extent of the sentence.
Appeal – Finally, a criminal defense attorney may file an appeal on behalf of their client if they wish to have a higher court review the case. This higher court may reverse the conviction, recommend that the case be retried, or uphold the original ruling.
