What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, the case is usually taken before a magistrate who may issue a warrant if necessary and set a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.

Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.

Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.

What is the role of the judge in a criminal trial?
The judge in a criminal trial controls all legal proceedings in the courtroom. The judge will determine whether certain evidence is admissible or not, and will rule on preliminary matters and discovery issues that the defense and prosecution may have. And before the jury decides a case, the judge will instruct the jury as to how they must be lawfully guided through the decision process.

What is the role of the jury in a criminal trial?
The jury in a criminal trial will consider all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some, or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury may convict a defendant of a lesser crime than initially charged. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal.