Stages of a Criminal Case

Although the process will vary for a Juvenile offense or certain major felony or Federal crimes, the typical criminal case process is as follows:

Arrest: an individual is arrested and taking into custody for the commission of a crime.

Custody / Bail: the defendant is held in custody until bail is set. The defendant must then either pay bail in order to be released. In some cases, a defendant may be released on his or her own recognizance, where bail is not required.

Arraignment: the arraignment is the defendant's first court appearance. At this time, the judge will read the charges the defendant faces. The defendant also enters a plea of guilty, not guilty or no contest at this time.

Plea Bargain: the defendant may agree to a plea bargain, which the prosecuting attorney may offer. A plea bargain typically occurs when the defendant pleads guilty to a lesser offense, thus avoiding a trial.

Preliminary Hearing: a preliminary hearing is not always held in criminal cases, and will depend upon your particular case and which state you reside in. A preliminary hearing is, in essence, a trial before the trial, wherein the judge will review the case and witnesses in order to determine whether the case should go to trial.

Pre-Trial Motions: pre-trial motions are arguments which an attorney may file regarding the case, such as motions to suppress evidence or witness testimony, or possibly drop the case as a whole. 

Trial: the trial is most often overseen by a judge, with the verdict determined by a jury. During the trial, both the defense and prosecution will be able to make opening statements, examine and cross-examine witnesses and present closing arguments in an effort to sway the jury's decision.

Sentencing: if a jury finds a defendant guilty, the judge will determine sentencing.

Appeal: after a defendant is found guilty, he/she and his/her attorney can file an appeal in an effort to have the decision overturned or the sentence altered.

Expungement: after a conviction, and after an individual has served his or her entire sentence, an expungement may be pursued in order to clear his or her criminal record. 

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