What Are the Steps in a Criminal Case?
Facing criminal charges can be terrifying. Even a relatively light sentence can be detrimental to you and your family. Housing or job opportunities may be lost, and court fines often create a tremendous financial burden. Understanding the process of a criminal case can help you prepare for your trial.
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A criminal case begins when a charging document is issued. This document is usually prepared by the police and submitted to the prosecutor’s office, either before or after an arrest. If the prosecutor finds probable cause to believe the suspect committed the offense(s) listed, they file a criminal complaint or seek a grand jury indictment.
Preliminary Hearings
Criminal complaints are presented to a judge during a preliminary hearing. These are public hearings involving the defense and prosecution. Since the prosecution only needs to establish probable cause that the defendant committed the offense, less evidence and fewer witnesses are permitted. The defense is able to address the charges presented by the prosecution, and cross-examine witnesses. If the judge determines that probable cause exists, they will order a trial.
Grand Jury Investigations
In a grand jury proceeding, only the prosecutor and jury are involved. The prosecutor explains the law to the jury, then presents evidence. Grand jury hearings are confidential, sometimes held without the knowledge of the defendant. This most often occurs when the prosecutor fears that evidence might be destroyed. This confidentiality also allows witnesses to testify without fear of reprisal and protects the defendant’s reputation if the jury declines to indict. If the jury elects to indict, it determines which charges are appropriate. If a grand jury fails to indict, a prosecutor can present their evidence to a trial judge, who will then decide if there is enough evidence to charge.
Arraignment
At the arraignment, the defendant is advised of the charges against them and allowed to enter a plea. The defendant may choose to plead guilty or no contest, at which point a sentencing date is set. If the defendant pleads not guilty, then a trial date is set, and the county commissioner determines if the defendant is a flight risk. The defendant may be held in jail, have certain conditions imposed for their release, or be released on their own recognizance (a promise that they will return).
Trial
During the criminal trial, the prosecutor must convince a jury that the defendant is guilty beyond all reasonable doubt. They are given the first opportunity to address the jury, present findings, and call witnesses. The defense will have the same opportunity to address the jury and may or may not choose to introduce their own evidence and call witnesses. After considering the evidence presented by both sides, the jury must unanimously decide to convict or acquit. The prosecution cannot appeal an acquittal. If the jury is deadlocked, then the judge may reset the trial. If the defendant is convicted, a sentencing date is set, and they may appeal their conviction.
According to the law office of Hernandez & Hamilton, the most effective defense begins with understanding the legal process. Skilled defense attorneys should ensure their clients understand the charges against them, the potential penalties, and their constitutional rights as citizens. If you have been charged with a crime in Tucson, contact a criminal defense attorney immediately.
