Arraignment
A defendant’s first court appearance is known as the arraignment.
At this appearance, the defendant has the right to have the charges against him or her read by the judge.
This is also often the time when the defendant may plead “guilty,” “not guilty,” or “no contest.” The court may set dates for future proceedings and deadlines for motions and oth.
,
Arrest
Criminal cases usually begin with the defendant’s arrest by police.
This may occur after police respond to a call or during a traffic stop, or when police identify a suspect during an investigation.
Some jurisdictions require police to obtain an arrest warrant in many circumstances.
,
Bail
Once a person is in police custody, a magistrate or other judge may grant bail.
In determining the amount of bail, a judge may consider factors like the severity of the alleged offense and the likelihood that the person would return to court throughout the case.
A judge may order a person held without bail if the circumstances weigh substantially a.
,
How does a criminal charge get filed?
The formal criminal justice process begins with the filing of criminal charges through an "information"—called a complaint—or grand jury indictment.
After reviewing the investigative reports and evidence, a prosecutor can charge a criminal offense by filing an information or complaint.
,
How does a prosecutor decide to bring criminal charges?
The formal criminal justice process begins with the filing of criminal charges through an "information"—called a complaint—or grand jury indictment.
After reviewing the investigative reports and evidence, a prosecutor can charge a criminal offense by filing an information or complaint.
,
Indictment Or Information
Prosecutors may bring formal charges in any of several different ways, depending on the jurisdiction.
They may file an information or complaint, or they may seek a grand jury indictment.
Federal charges require an indictment.
Grand jury proceedings are typically not open to the public, and only the state may present evidence.
A preliminary hearing .
,
Preliminary Hearings and Pre-Trial Motions
Most criminal cases involve a period of time during which each side prepares its case while also negotiating a possible plea.
Either side may also bring motions seeking to dispose of certain issues before trial.
A defendant might bring motions to suppress evidence obtained in violation of his or her rights, which may be inadmissible under the exclu.
,
Sentencing
If the judge or jury finds the defendant guilty, the court will determine the punishment.
Federal sentencing guidelines and similar state guidelines often define minimum and maximum sentences and identify factors the court may consider.
The court may hold a separate sentencing hearing, at which the state may present evidence in support of a harsh s.
,
Trial
A defendant has the right to a trial by juryin federal criminal cases, as well as many state proceedings.
They can waive jury trial and have a bench trial, in which case the judge will decide both questions of law and fact.
The state presents its case first, followed by the defendant.
At the close of evidence, the jury deliberates and renders a ver.
,
What is the first step in the criminal justice process?
The formal criminal justice process begins with the filing of criminal charges through an "information"—called a complaint—or grand jury indictment.
After reviewing the investigative reports and evidence, a prosecutor can charge a criminal offense by filing an information or complaint.
,
What is the purpose of the criminal justice process?
The criminal justice process is a system that holds criminals accountable for their actions and does its best to repair and compensate their victims.
In the United States, laws, rules and agencies are created to hold the perpetrator liable for their actions.