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How Does a Case Move Through Court Systems?

A criminal case refers to a court proceeding that involves the commission of an illegal act that’s punishable through imprisonment, fines, probation, or sometimes death. A criminal case generally constitutes a series of stages after the arrest of the defendant.

Here’s how a criminal case moves through a court system.

1.    Arrest

A criminal trial generally begins with an arrest by a law enforcement officer. A law enforcement officer can arrest an individual under the following conditions.

  • The officer is an eye-witness of the crime, and they’ve observed the person committing a crime.
  • The officer has found probable cause that affirms that the person is responsible for the crime.
  • The officer has acquired a legal arrest warrant from a senior authority.

After the arrest of the suspect, the police department files the case and takes the suspect in their custody. For minor criminal cases, the police typically issue a quote to the suspect with instructions for the initial appearance.

2.    Initial Appearance

Typically, the initial appearance is held within 24 hours of the arrest. At the initial appearance, the judge takes notes of the case details such as the name and address of the suspect and informs the suspect about the charges against them and their right to hire an attorney and stay silent. In case the defendant can’t afford to hire an attorney, the judge appoints an attorney for them and confirms the conditions of the release.

3.    Bail

If the police grant bail to the suspect, they can pay a specific bail amount to get a release. This, however, only happens if the suspect commits to attend all the court proceedings according to the given schedule.

Here are the most common scenarios that may take place for the release of the suspect.

  • The police grant bail to the suspect immediately after the case filing.
  • The bail is granted after a bail review hearing.
  • The suspect gets out of the jail on their personal recognizance — without having to post bail. In this case, the police require the suspect to submit a written commitment confirming that they’ll attend the scheduled case proceedings.

4.    Plea Bargaining

At this stage, the defendant is allowed to plead guilty, not guilty, or no contest. In the event where the defendant pleads not guilty, a trial date is set by the judge. If, however, the defendant pleads guilty or pleads nolo contendere, the judge schedules the sentencing date.

5.    Preliminary Hearing

The preliminary hearing is also called a “mini-trial”. In this stage, the prosecuting attorney and the witness’s attorney present the witnesses, evidence, and testimonies before the judge. After hearing both the parties, the judge determines if the evidence is sufficient enough to prove that the suspect has committed the crime or not. Depending on the judge’s ruling, the indictment is filed for trial in the superior court.

6.    Trial

In a trial, the judge affirms the evidence to be shown in front of the jury. The jury decides if the suspect is guilty or innocent. The prosecutor presents the evidence that the defendant has committed the crimes for which they’ve been charged.

The jury listens to the opening and closing statement, examination, and cross-examination of both the prosecuting attorney and the witness’ attorney.

After listening to both sides, the jury announces their final verdict regarding the case. If the defendant is confirmed as innocent, they’re allowed to go home.

7.    Sentencing

small judge gavel placed on table near folders

In this stage, the court decides how the convicted defendant will be punished. The decision relies heavily on the defendant’s criminal history, the nature and degree of the crime, and the defendants’ attitude towards the charges.

8.    Appeal

After the defendant is convicted guilty, they can appeal for their case to be reviewed by a higher court. This allows the defendant to raise the errors that could have occurred during the trial. If the courts find any error, they may reverse the conviction or schedule a retrial.

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