Facing criminal charges is stressful and upsetting, even if it’s only a minor charge. If you’re unfamiliar with the criminal court system, it’s even more frightening. Understanding the different steps in a criminal case can prepare you for what to expect – and why it’s so important to work with an experienced criminal defense attorney.
While every case is different, they generally follow the process below.
Investigation and Arrest
A criminal case typically begins with an investigation and arrest, whether or not law enforcement officers witnessed the crime, were called to the scene, or are following up on a report.
Police officers gather evidence and interview witnesses. They may also conduct searches of people, property, or crime scenes. Depending on the evidence, they may be able to make an immediate arrest based on probable cause. Otherwise, a judge can review the evidence and issue an arrest warrant.
Initial Appearance
After the arrest, the defendant has to appear before a judge or magistrate. This initial appearance (sometimes called a “first appearance”) usually happens within 48 hours. At this hearing, the defendant hears the charges against them. A judge will read them their rights. Depending on the crime and the surrounding circumstances, the judge may set bail, issue conditions for release, or deny bail.
Preliminary or Probable Cause Hearing
Preliminary hearings – also referred to as “probable cause” hearings – help judges determine whether there’s enough evidence that the defendant committed the crimes in question. Prosecutors may question witnesses and present evidence. Defense attorneys have the opportunity to attack the evidence and request dismissal.
If the judge rules that there’s probable cause, the case proceeds. Alternatively, a defendant may be indicted by a grand jury.
Arraignment
Arraignments are an opportunity to formally tell the defendant the charges against them. The defendant can enter a plea of guilty, not guilty, or no contest. If they plead not guilty, the case proceeds.
Pretrial Motions and Hearings
Both the prosecution and defense can file motions before the trial. These include motions to suppress evidence and motions to dismiss. The defense may negotiate for a plea bargain in exchange for reduced penalties or lesser charges.
Trial
Assuming the case was not dismissed or a plea agreement was reached, the case goes to trial. The prosecution and defense will have the opportunity to select a fair and impartial jury. At trial, the prosecution must present a case and prove the defendant’s guilt beyond a reasonable doubt. The defense will have a chance to attack the prosecution’s case. They may or may not present their own case.
Verdict and Sentencing
After the trial and deliberation conclude, the jury (or judge, if it’s a bench trial) delivers a guilty or not guilty verdict. In some cases, a mistrial may occur if the jury can’t reach a unanimous decision. If the defendant is convicted, they’ll typically be sentenced at a separate sentencing hearing.
Appeals
Defendants can appeal convictions and sentences if there were legal errors during the trial. Higher courts review these appeals.
Related Video: How Criminal Cases Really Begin: It’s All About First Contact
Talk to a Winston-Salem Criminal Defense Attorney Today
If you’re facing criminal charges, call Greenwood Law today. Our skilled criminal defense attorneys can protect your rights and build a strong defense. Call us at 336-554-7881 or fill out our contact form for a consultation.