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Stages of a Criminal Case

Posted on Friday, July 21st, 2017 at 8:03 pm    

Beginning with the arrest and concluding at some point before, during, or after trial, criminal prosecution occurs in a process of different stages. In a plea bargain, the defendant opts to plead guilty prior to trial or to reduce charges in exchange for a lenient sentence or the dismissal of said charges.

Arrest

Police officers may arrest a person if they witness the person committing a crime, have probable cause to believe a crime has been committed, or under the authority of a lawful arrest warrant. As soon as the person is under arrest, police officers book the offender and place him or her in custody, unless it is a minor offense. If the suspect is granted bail, he or she may pay the bail amount in exchange for release.

Arraignment

The government typically brings criminal charges through either a preliminary hearing or grand jury indictment (federal cases). A preliminary hearing is where counsel questions witnesses and both parties make arguments before a judge. The judge then decides the finding of probable cause.

Pre-Trial Motions

Pre-trial motions are designed to find a resolution for all issues regarding the case and determine evidence and testimony admissible in trial.

Trial

The judge or the jury will either decide whether or not the defendant is guilty or not. The prosecution needs to prove “beyond a reasonable doubt” that the defendant committed the crime charged. After listening to opening and closing statements, examinations and cross-examinations of witnesses, a jury or judge makes a final decision. If the jury is unable to reach a unanimous verdict, the judge may declare a mistrial – meaning the case will either be dismissed or a new jury will be selected. If a jury or judge finds the defendant guilty, the court will provide a sentence.

Sentence

The court determines the appropriate punishment for the convicted defendant. Nature and severity the crime, as well as criminal history, are often factors the court considers when deciding a sentence.

Appeal

An individual convicted of a crime may request an appeal through a higher court. If that court finds out that there was an error in the case or the sentence imposed, the court may reverse the conviction or decide that the case needs to be retried.

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*Andrew Baldwin, Mark Kamish, Kathie Perry, Maxwell Wiley, and Carrie Miles are certified Criminal Trial Specialists by the National Board of Trial Advocacy (NBTA), a nonprofit organization that certifies attorneys of various legal focuses. To earn an NTBA certification, an attorney must demonstrably show the highest levels of trial experience, competence and integrity.

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