The criminal justice process varies among the states, and the federal criminal justice system has its own procedures and rules as well. However, for the most part, the criminal justice systems in all jurisdictions are comprised of the same basic components. This article provides a general overview of the various steps, court hearings, and procedures that criminal prosecutions typically involve before the appeals stage.
The investigation of a crime begins when police become aware of suspected criminal activity. This can occur in a variety of circumstances, including a witness or victim making a report or an officer simply observing someone engaging in suspicious activity.
After suspecting a crime, police might need to gather more information by conducting interviews with witnesses, collecting physical evidence, and taking photographs and videos. In some situations, an officer might apply to a judge for a search warrant, which authorizes entry into a physical location such as a home or business to look for evidence. Officers can also obtain search warrants for vehicles, phones, records, blood, urine, and DNA.
Generally, a police officer can arrest a suspect for a crime if:
The circumstances in which an arrest warrant is required vary by jurisdiction.
The formal criminal justice process begins with the filing of a criminal charge through an information or grand jury indictment.
Information. After reviewing the investigative reports and evidence, a prosecutor can charge a criminal offense by filing an information (also sometimes called a “complaint”). In some states, prosecutors can charge only misdemeanor crimes with an information. In states that allow felony crimes to be charged by filing an information, a preliminary hearing (discussed below) is generally required.
Indictment. In some jurisdictions, felony crimes are presented to a grand jury, which is a group of private citizens who conduct proceedings in secret. A prosecutor explains the law to the jury and presents evidence, and the grand jury votes on whether there’s enough evidence to indict the person suspected of committing the crime.
After criminal charges have been filed, the first court appearance is typically the arraignment. Generally, the arraignment must be held within a certain period of time after the defendant has been arrested. This time period is typically quite short (for instance, it might be two days) if the suspect is being held in jail.
Advisement of rights. At the arraignment, the judge normally advises the defendant of the charges, the maximum and minimum penalties, and certain constitutional rights that all criminal defendants are afforded. For example, criminal defendants have the right to be represented by an attorney, and if the defendant can’t afford an attorney, the court will appoint one at no cost.
Bail and release conditions. The judge will also discuss bail (if the state uses a bail system) and release conditions at arraignment. In some cases, a defendant who has been arrested and charged with a crime will get out of custody before the arraignment by posting bail or being released without bail, which is commonly known as “own recognizance release” or “conditional release.” If the defendant isn’t released after being booked at the jail, the judge may consider release at the time of arraignment.
Defendants who are released (with or without posting bail) must agree to abide by certain release conditions. Release conditions might include the defendant agreeing to:
When deciding whether to grant release, judges often consider the defendant’s criminal history, ties to the community, and community safety.
Entering a plea. In some jurisdictions, the defendant must enter a plea of guilty, not guilty, or no contest at the arraignment. (The first plea in a case is often not guilty; to plead no contest at any point, a defendant might need the judge’s permission, the prosecution’s agreement, or both.) In other jurisdictions, the defendant doesn’t enter a plea until the plea hearing (discussed below).
In some states, at some point after the arraignment, a defendant facing felony charges who wasn’t indicted is entitled to a preliminary hearing at which a judge determines whether there’s probable cause (enough evidence) to support the charges. Typically, the prosecution presents witnesses at this kind of hearing and the defense gets the chance to cross-examine them. If the judge decides that there’s probable cause, the case proceeds. If, on the other hand, the judge finds there isn’t enough evidence of the defendant’s guilt for probable cause, the charges are dismissed.
During the discovery phase of the criminal process, the prosecutor and the defendant’s attorney exchange information about the case. Discovery generally includes police reports, photographs, videos, and any other information that the parties plan to use at trial. The prosecution has an obligation to provide any information in its possession that might be beneficial to the defendant’s case.
In addition to providing and receiving discovery, the parties might file pretrial motions during this early stage of the criminal process. Motions made by the prosecutor might include a request for the defense to disclose discovery or for the judge to admit certain evidence at trial. Motions made by the defense might include a request to dismiss the charges or to suppress certain evidence. If the lawyers file any pretrial motions, the judge will generally set a hearing or hearings before trial and at them make decisions on the relevant issues.
The plea hearing is often the next court appearance in jurisdictions that don’t require a defendant to enter a plea at the arraignment.
Entering a plea. At the plea hearing, a defendant might plead guilty or no contest after reaching a deal with the prosecution. If the defendant pleads not guilty, the judge might set a date for the potential trial.
Plea bargaining. Generally, the prosecutor will provide a plea offer to the defendant and some negotiations take place before the plea hearing. (Prosecutors can make plea offers at any point in the proceedings—even at the point of the defendant’s first court appearance.) Instead of going to trial, a defendant can accept a plea offer and plead guilty or no contest. In exchange for a defendant’s guilty or no-contest plea, the prosecutor might dismiss other charges, recommend a particular sentence, or do both.
Although most cases are resolved through plea bargaining, criminal defendants have a constitutional right to a jury trial for most charges. Trial procedures vary by jurisdiction, but a jury trial typically begins by the sides selecting six to 12 jurors from a pool of potential jurors. The jurors that are selected will decide the case. The process of questioning possible jurors is known as “voir dire.”
Once a jury is selected, the prosecutor and defense give opening statements, which are previews of the evidence that each party intends to present. After opening statements, each side presents its evidence. Trial evidence might include the testimony of witnesses (direct and cross examination), physical evidence (such as a gun used in a robbery), photographs, and videos.
After the lawyers for the sides present evidence, they give closing arguments, and the case goes to the jury for deliberations. The jury privately deliberates until reaching a verdict.
If the jury finds the defendant guilty or the defendant pleads guilty or no contest, the next court appearance is the sentencing hearing. (Sentencing can also happen at the same hearing where the defendant pleads guilty or no contest.)
When a defendant is convicted at trial or the parties don’t have a sentencing agreement, the judge decides the sentence within the allowable range under the law. For instance, state law might specify that defendants convicted of burglary can be sentenced to two to six years in prison and up to $5,000 in fines. (The judge might also have leeway to sentence the defendant to probation.) For defendants who accepted a plea offer, the sentence will normally simply be what the parties agreed to, as long as the sentence is within the parameters of the jurisdiction’s sentencing laws. However, the judge generally has the final authority in the sentencing phase and can ultimately sentence a defendant to something different than what the parties agreed to.
When sentencing a defendant, the judge typically considers—in addition to the circumstances of the current offense—the factors like the defendant’s:
Additionally, in most jurisdictions, victims have the right to be present and give a statement at sentencing.
If you face criminal charges, make sure to consult an experienced defense attorney as soon as you can. A knowledgeable criminal defense lawyer will be able to explain the specific court procedures in your jurisdiction and advise you as to your options.
