A criminal case involves the prosecution of a person for an alleged violation of law. This can be a federal, state or municipal offense. It begins when a police officer or investigator files an arrest report or another form of initial criminal paperwork with a court or law enforcement agency. The prosecutor’s office then reviews the information and decides whether or not to file charges against the accused individual. If they do, the Prosecutor will submit information outlining the charges along with a probable cause affidavit to a judge for review. The judge will then determine if probable cause exists and may order the person arrested if they are not already in custody. The judge will also set bond – a sum of money the accused person must pay to be released from jail while the case is pending (unless they are charged with murder and are automatically held without bail).
At the arraignment the judge will read the criminal charges and advise the defendant of their rights. This includes the right to a jury trial and the right to have a lawyer appointed if they cannot afford one. Defendants will also be able to enter a plea during this hearing.
If the defendant enters a plea, there will usually be pretrial conferences where the judge and defense attorney can try to work out a plea bargain to avoid going to trial. If a trial is set, the defendant must prepare for it by gathering evidence and preparing their argument. During the trial, the prosecutor will call witnesses and present evidence while the defendant’s lawyer can challenge evidence, call their own witnesses and argue about the admissibility of certain evidence. Then a judge or a jury will decide whether or not the defendant is guilty of each charge.
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