How does a criminal case go through the judicial process?

Answer 1

a criminal case. First comes the arrest. This can be in the form of a probable cause arrest or an arrest following the issuing of a warrant by a judge. In either case, it is presumed that enough evidence has been gathered to charge an individual with a crime. If your rest is a probable calls arrest, the prosecution has a limited number of days to file charges, usually about 30 days, or the defendant will be allowed to walk out of jail. If this is an arrest incidental warrant issue, that means that charges have been filed and that the court is awaiting the arrival of the defendant to be dealt with according to law. In some jurisdictions a bond hearing is held to determine how much bond, if any, the defendant will be released from jail under. The defendant could be held without bond In cases of more serious offenses, or they could be released on their own recognizance. Next, in most jurisdictions, a preliminary hearing is held, usually within 30 days of persons arrest. This preliminary hearing is the presentation of evidence before the court to help the judge decide whether there is enough evidence to hold the defendant on the charges for which he is incarcerated or on pretrial release. I judge could decide that there is enough evidence, or a grand jury could be convened to actually return an indictment on the defendant. If the grand jury refuses to indict, the defendant is likely to be released with charges dismissed. The next step is an arraignment. This is where the defendant is brought into the court room of the judge that will be hearing the case and charges. That judge will assign them a lawyer or a public defender, and the defendant will be allowed to enter a plea, which will normally be not guilty at this point. The next step will be pretrial motion hearings. This is where the state or the defense will file motions for certain types of pretrial events. This could be, for example, to suppress certain evidence that was obtained, expert witness examination, And other pretrial motions. Meanwhile, at any given time, the defense attorney may also conduct what are known as depositions. These are statements given by witnesses about their involvement or role in the crime. Depositions give attorneys an idea off work the witness will say in trial. At any point during these proceedings, the statement offer a plea offer for the defendant, the defendant may or may not accept. If this happens, then a plea offer hearing is held, where the judge decides If this is an acceptable plea offer And, if the defendant accepts the plea offer, whether the defendant understands what they are doing: they are waving their rights to any further hearings and appeals. If the offer is not accepted, the case is scheduled for trial. Finally, if the case gets up to this point, a trial will be held. At any given time the case may be dismissed if the defense attorney successfully argues a motion for a directed verdict or to have the case dismissed due to lack of evidence. If the trial is held, then it's up to the judge or a jury just defined the defendant guilty or not guilty, or not guilty by reason of insanity is such a defense is brought up. In the case of a finding of not guilty, the defendants will be released from that charge and will forever not be prosecuted for that same crime. If the trial results in the finding of guilt, then the defendant is considered convicted of the crime, and may either be sentenced right on the spot, or a later hearing can be held to decide what is the best sentence for this defendant. After the finding of not guilty or guilty or any other finding by a jury, the case is technically considered closed. However, certain posttrial motions can be filed, such as a motion for new trial if the defendant doesn't feel his trial was fair.

Answer 2

Someone tells an Assistant U.S. Attorney (AUSA) that they believe X violated a federal law. That may be an informant, local police who have arrested someone, or FBI or other federal agencies. The AUSA either gets an information from the person who reported it, or goes to a grand jury and gets an indictment in more serious cases. The AUSA then files the indictment or information with the court, which establishes a criminal case. The defendant is brought before the court, is arraigned, may be assigned a lawyer or hires one, then goes through a trial which involves jury selection, statements, the prosecution presenting its case, the defense presenting rebuttal, then either acquittal or conviction. On conviction, the defendant is sentenced to fine, jail or community service, or both.

Answer 3

There is typically a warrant issued, an arrest, an arraignment, and a trial. Instead of a trial, some defendants enter into a plea bargain where they plead guilty to a lesser charge.