STEPS IN PROSECUTION OF A CRIMINAL CASE
The Arrest
After an arrest, the police prepare a written report
of the incident, collect evidence, take statements, etc. Once the investigation
is completed, all of the information is forwarded to the District Attorney's
office and assigned to an Assistant District Attorney
Screening
The Assistant District attorney (ADA) will review all of the information.
If it is determined that the evidence is sufficient on which to base a prosecution,
then formal charges will be filed against the defendant.
Grand Jury
A grand Jury is a closed hearing. In other words, the Grand Jury hearing is
not open to the public. It is made up of normal citizens, like yourself, that
hear testimony and decide what the defendant's formal charge, if any, will
be.
Arraignment
After formal charges are filed, the defendant will be arraigned. At an arraignment,
the defendant pleads, "guilty" or "not guilty." The defendant
has the opportunity to hire an attorney or is appointed an attorney by the
public defender's office. Most defendants plead "not guilty" and
a pretrial motion is scheduled. If the defendant pleas guilty, then he will
be sentenced by the judge at that time.
Pretrial Motion
In a criminal case, one or more pretrial motion hearings may be scheduled.
A motion is a written or verbal request by the defendant's attorney for the
judge to issue a ruling or an order. A common motion in all criminal cases
is a preliminary Exam in which a judge determines whether or not probable
cause exists. Usually an officer will testify as to why the defendant was
arrested. If the judge does not find probable cause, then the defendant will
be released from his/her bond obligation.
Pretrial Conference
Once all the pretrial motion hearings are completed, a pretrial conference
will be scheduled. At this hearing, the ADA, the defendant's attorney, and
the judge discuss the case in more detail. A guilty plea may be considered
and in most cases sentencing will be discussed with the defendant. If the
defendant maintains his "not guilty" plea, a trial date will be
scheduled.
Trial
There are usually several cases set for trial on the same day or in the same
week. Subpoenas are issued for witnesses, and in felony cases, a jury is selected.
A felony criminal trial can last a week, and a misdemeanor trial will last
about an hour. The trial consists of opening arguments, testimony, and closing
arguments. In felony cases, the jury will decide if the defendant is guilty
or not guilty. In misdemeanor cases, the Judge will decide.
Sentencing
If a defendant is found guilty by a judge or a jury, he/she may be sentenced
that same day. A judge is responsible for sentencing the defendant. Some judges
order a pre-sentence investigation in which the defendant's prior offences,
severity of the crime, and impact upon the victim is examined. The judge will
schedule sentencing at a later date once the pre-sentence investigation is
complete.
Victim Impact statement
Victims are allowed to make a victim impact statement to help the court to
better understand what impact the crime has on your life. This is presented
in open court with the judge, ADA, and defendant present.
Restitution
Judges will sometimes order restitution as a condition of probation or parole.
This means that the defendant will have to pay you for losses incurred as
a result of the crime. The probation or parole officer is responsible for
collecting payments.
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