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| STEPS OF A CRIMINAL CASE Before a person accused of crime can be brought to trial, certain steps must be taken to establish that a crime has been committed and that there is reason to believe the accused person committed it. Although the sequence of steps may vary from state to state, most follow this outline. Complaint and Arrest – After the police investigate a crime, the prosecuting attorney files a written statement (called a complaint) with the court, describing the crime and naming the suspect; if a judge decides there is sufficient evidence, he issues an arrest warrant. Upon arrest, the suspect is informed of his rights. (If a suspect is arrested at the scene of a crime, the complaint is filed afterward. Booking – At the police station, the suspect is searched, photographed, fingerprinted, allowed to contact a lawyer, and given a receipt for any personal property that is impounded. For a misdemeanor, the suspect is usually released and assigned a date to appear in court. For a felony, he is usually jailed. Initial Court Appearance – At this hearing, the judge informs the suspect of the charges and his rights as a defendant. He also decides if the suspect should be released on bail or kept in custody. If charged with a misdemeanor, the suspect can enter a plea at this time; if accused of a felony, he cannot. The suspect's next court date is set. Information – In this document, filed by the prosecuting attorney, the suspect is formally charged with committing a misdemeanor. Preliminary Hearing – Some states use this hearing when a suspect is accused of a felony or arrested with a warrant for a misdemeanor. If the judge decides there is sufficient evidence to proceed, he forwards the case to a Grad Jury; if not, he releases the suspect. Grand Jury – At these proceedings, the grand jury decides if there is sufficient evidence for the accused to stand trial. If it votes yes, an indictment (a court order) is issued requiring the suspect to stand trial; if not, the suspect is released. Arraignment – At this hearing, the judge reads the charges to the accused, who is again advised of his rights. The accused then enters his plea. If he pleads not guilty, a date is set for the trial. If he pleads guilty or is allowed to plead nolo contender (no contest), he waives his right to a trial, and a date is set for sentencing. Pretrial Hearing – The judge meets wit the prosecuting and defense attorneys and reviews the issues of the case. Trial – The defendant stands trial before a jury or, if he waives that right, before a judge. Verdict – The judge or jury decides whether the defendant is guilty or not guilty. If the verdict is not guilty, the defendant is released. Sentencing – The judge tells the defendant what his punishment will be. He may order him to pay a fine or serve a jail term, or he may have him released under the supervision of a probation officer. |
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