The general process for initiating criminal charges against an accused is as follows:
- Arrest
- Initial Appearance
- Bringing Charges
- Arraignment
A criminal case usually gets started with a
police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.This article explains what happens during a criminal case, including the process a person goes through from being arrested to being charged with a crime:
Arrest and police report Arraignment Grand jury indictment Minor misdemeanors are often charged and prosecuted without an arrest.Criminal procedure then sets out the rules as to
how a charge is laid, when accused persons will obtain bail, and in what court they will eventually have their trial. The actual court process is set in motion by the swearing of an Information (popularly known as a charge) before a justice of the peace or magistrate (provincial court judge).
What Is the Criminal Process?
- The Arrest: The police arrest someone based on probable cause that the person committed a criminal offense. ...
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×The process for initiating criminal charges against an accused usually involves the following steps:
- Arrest
- Initial Appearance
- Bringing Charges
- Arraignment
- Trial Burden
The prosecutor decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment. Minor misdemeanors are often charged and prosecuted without an arrest.
