Criminal Procedure

Learn the basics from initial encounter with law enforcement to arrest, booking, jail, bail, charging, court dates, trial, and sentencing.

Navigating the court system during criminal cases can be complex. Many people’s first introduction to the legal system occurs during a criminal case. Whether you’re facing legal proceedings for the first time or seeking a general understanding, our guide offers valuable insights into the stages of a typical criminal case.

Use the links below to read about specific topics or keep reading this article to see an overview of the criminal process.

The criminal procedure can be a long, intimidating process. The stakes are high in every step. But you also have fundamental rights during a criminal case. 

Keep in mind that criminal laws vary between state courts. For personalized advice, you can consult with a local criminal defense attorney.

The Basic Process of an Arrest

Getting arrested is a harrowing experience that can instill fear in anyone. When the police stop someone, a specific series of events unfolds. These events require police to follow strict legal procedures.

The arrest process is not confined to the moment police put someone in handcuffs. It extends through various stages, each with its own set of obligations.

1. Initial Encounter with Law Enforcement

The journey into the legal system starts with an encounter between law enforcement and the person. Whether it’s a routine traffic stop or the result of a detailed investigation, this encounter sets the stage for what follows.

2. Legal Procedures During Arrest

The actual arrest is where police officers must adhere to strict procedures. This includes:

• Informing the individual of their rights, commonly known as Miranda rights
• Ensuring that the arrest is based on probable cause, which differs from reasonable doubt
• Handling the suspect with due regard for their safety

3. The Booking Process

After an arrest, the police complete a meticulous booking process, which includes:

• Recording personal information
• Taking fingerprints and photographs
• Cataloging the alleged offense

The person is then placed in custody to wait for more legal proceedings.

4. Initial Detention and Bail

Following the arrest, the accused person may be held in custody awaiting a court appearance. The court may decide to allow bail, a monetary amount to secure release. The factors that affect bail decisions show how complex criminal law cases can be.

5. The Charging Decision

After the arrest, the prosecution evaluates the evidence to make a charging decision. It checks whether there is enough evidence to proceed with formal criminal charges.

6. Initial Appearance in Court

The accused goes before a judge in their first criminal court appearance. This is the arraignment. Here, the prosecutor formally presents the charges. The defendant enters a plea. This marks the initiation of criminal prosecution against them.

Legal Representation for an Arrest

At every stage, the right to legal representation is a cornerstone. The accused has the right to consult with an attorney and may be provided with a public defender if unable to afford one. The presence of legal counsel becomes instrumental in navigating the intricacies of the legal process.

Understanding the arrest process is crucial if you’re thrust into the criminal justice system. Each step can affect your case, and your case can affect your future. Your attorney can make sure everyone is following the proper procedures that protect your rights.

The Criminal Trial Process

A typical criminal case has a trial phase unless a defendant opts for a guilty plea. You have a constitutional right to a speedy trial. So, the prosecutor must be prepared so they respect this right.

Here are a few of the procedural features that recognize your legal rights as a defendant:

1. Speedy Trial: The constitutional right to a speedy trial grants the defendant certain protections. Its invocation hinges on the prosecutor’s readiness, which could lead to dismissal if unmet.
2. Presumption of Innocence: The trial unfolds with the presumption of innocence. Throughout the criminal process, jurors are reminded of this presumption. Every defendant is innocent until proven guilty.
3. Juror Impartiality: Jurors must maintain impartiality. They must keep the presumption of innocence until all evidence is presented. This fosters a fair and unbiased trial.
4. Post-Trial Options: After a guilty verdict, the defendant can file post-trial motions, such as a motion for a new trial. While rarely granted, these motions allow a fair legal review.
5. The Appellate Route: Beyond post-trial motions, the defendant retains the right to file an appeal. An appellate journey challenges trial court decisions and aims to rectify perceived legal errors. In some cases, the appellate route can ultimately end at the Supreme Court.

Basics of Criminal Sentencing

Conviction can happen through a guilty plea, plea bargain, or jury verdict. The appropriate legal punishment is determined at the sentencing phase. A convicted criminal defendant could face many types of penalties, such as fines, incarceration, probation, and community service.

At the sentencing hearing, the judge will use the sentencing ranges in criminal statutes to inform the punishments. They will also consider the defendant’s background and their personal, social, and economic circumstances.

How a Criminal Defense Attorney Can Help You

It is the job of criminal defense attorneys to represent those charged with crimes in court. Crimes can range in severity from a misdemeanor to a felony. Punishment can range from a minor fine or community service to years in prison or even death.

Having an attorney during criminal proceedings is critical for those charged with committing a crime. Your criminal defense attorney’s job is to protect your rights and ensure your access to a fair trial.