A criminal case is one in which the government is prosecuting an individual for a violation of law. It usually begins when a suspect is arrested by police and the arresting officer files a document with the court that sets forth charges against the person, called a complaint or citation. Then the Prosecutor or police file an information, or probable cause affidavit, with the judge, who decides if there is enough evidence to charge the person. The judge also decides if the person should be released from jail and whether he or she should be required to post bond before trial.
The next step in a criminal case is an arraignment (when the judge tells the defendant what the charge is and the maximum punishment). During arraignment, the judge also resolves pretrial issues and advises the defendant of his or her rights. If the defendant cannot afford a lawyer, the judge will appoint a public defender for free.
During a Preliminary Exam (often referred to as a “prelim”), the judge reviews the arrest and post-arrest investigation reports and decides if there is probable cause that the accused person committed the crime for which they are charged. If the judge finds probable cause, they will order a warrant for the person’s arrest. If they do not find probable cause, they will dismiss the charges or reduce them to misdemeanors for trial in district court.
The prosecutor’s job is to prove beyond a reasonable doubt that the perpetrator committed the crime and did it with criminal intent. The defense attorney will challenge the accuracy of the evidence by cross-examining witnesses. Then both attorneys will give closing arguments, or summations to the jury.
About the Author
