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Criminal Justice Process

Have you been arrested for a crime? A LawInfo Lead Counsel qualified criminal law lawyer can help protect your legal rights as you are processed through the system.

The criminal justice process involves crime prevention as well as participation in the criminal justice process once a crime has been committed.  The criminal justice process varies from state to state, and the federal criminal justice system has its own rules, procedures, and terms for processing those accused of federal crimes. However, in many cases, the following is generally what is involved with the criminal justice process once a crime has been committed:

First Response to the Crime. The first response to a crime many times comes from individuals, families, neighborhood associations, business, industry, agriculture, educational institutions, the news media, or any other private sector entity. Citizens take part directly in the criminal justice process by reporting crime to law enforcement agencies, by being a reliable participant (for example, a witness or a juror) in a criminal proceeding and by accepting the disposition of the system as just or reasonable.

Once a law enforcement agency has established that a crime has been committed, a suspect must be identified and apprehended for the case to proceed through the system. Sometimes, a suspect is apprehended at the scene. At other times, identification of a suspect could require an extensive investigation, which can entail interrogating witnesses and suspects, obtaining search warrants to collect evidence and other methods of investigating the crime and the scene at which it occurred. Unless the suspect is apprehended and arrested at the scene of the crime, the arrest normally takes place after the complaint, information or grand jury indictment is filed with the trial courts.

The Criminal Justice Process

Grand Jury Indictment
The criminal justice process starts with the complaint, information or grand jury indictment. Misdemeanor and some felony cases can proceed by the issuance of the complaint or information by the prosecutor. The Fifth Amendment to the U.S. Constitution requires that charges for all capital and "infamous" crimes be brought by an indictment returned by a grand jury. The Supreme Court has held that this part of the Fifth Amendment is not binding on the states, so they can use grand juries or not, as they wish. When the grand jury indictment is used, it takes the place of the complaint or information in starting the criminal justice process.

The Arrest
The arrests can occur at either the scene of a crime or based on warrants or sworn statements ordering a court appearance, typically after the complaint, information or grand jury indictment is filed. All arrests must be based on probable cause, or reasonable grounds to believe that an offense has been committed and the defendant may have committed the offense.

The Initial Hearing—Prosecution and Pretrial Services
After an arrest, law enforcement agencies present the complaint and information and about the accused to the prosecutor, who will decide if formal charges will be filed with the court (pre-indictment events). This typically involves reviewing police reports and interviewing victims and witnesses to determine if the original charges will be prosecuted. If there is insufficient evidence, the charges may be downgraded and remanded or sent to the municipal courts for a hearing or dismissed. If no charges are filed, the accused must be released. The prosecutor can also drop charges after making efforts to prosecute (nolle prosequi).

The Bail Hearing
Your bail or other pretrial release option is typically determined at the bail hearing if it wasn’t determined at the initial hearing. Whether the defendant has to post bail or the defendant is released on a citation or on his or her own recognizance, it is still called a “bail hearing.” Whether or not any money has exchanged hands makes no difference.

The Arraignment
Once a complaint, indictment or information has been filed with the trial court, the accused is scheduled for arraignment. An arraignment is the formal presentation of charges in open court and where a judge considers evidence the prosecutor presents to decide whether there is probable cause to support the charges against the defendant. This hearing may take place several days or weeks after the arrest, depending on the court calendars.

Plea Negotiations
In many cases, the prosecutor and a defendant’s lawyer will negotiate a plea, also known as plea bargaining. In a plea bargain, the prosecutor may offer the accused an arrangement where he or she will recommend a reduced term of incarceration or probation in exchange for a guilty plea. Sometimes, the charges are reduced or dismissed as part of the plea bargain. Maximum sentence terms may also be part of negotiated agreements.

The Trial
If a plea agreement is not reached, the proceedings move toward the trial stage. Defendants have a constitutional right to a jury trial, but may opt to forego this right in favor of a trial by a judge (bench trial).

The Verdict
Once the case is submitted to the jury for deliberation, the jurors retire to deliberate in secrecy, for a minute, an hour, days or weeks, depending on how long the jury needs to reach a verdict. When the jury reaches a verdict, their finding is read to the defendant in open court.

Pre-sentence Investigations and Reports
In assessing the circumstances surrounding a convicted person’s criminal behavior, courts often rely on pre-sentence investigations by probation agencies or other designated authorities. Pre-sentence investigative reports provide a uniform assessment of a defendant’s overall family, medical and criminal background.

Sentencing and Sanctions
If the defendant is found guilty, the judge may set a future date for the defendant to be sentenced. In most cases the judge decides on the sentence, but in some jurisdictions the sentence is decided by the jury, particularly for capital offenses.

Post-Conviction Appeals and Motions
After the trial a defendant may request appellate review of the conviction or sentence. In some cases, appeals of convictions are a matter of right.

Writs and Appeals
Sometimes trial courts and juries make mistakes. This means that many cases will eventually find themselves in appellate proceedings due to the defense attorney filing writs and appeals with the courts.

Corrections
The corrections process entails the defendant serving his or her prison term, if one is imposed. Prison terms are typically served in a city or county jail or a State prison, depending on the length of time imposed in the sentencing hearing.

Should I hire a Criminal Lawyer?

Whether you were arrested at the crime scene, or once a complaint or a grand jury indictment has been filed with the courts, you should hire a criminal lawyer right away. If you are questioned, politely tell the law enforcement authorities or other person questioning you that you would like your lawyer present during questioning. This is your Constitutional right. You have other rights that you may or may not be aware of. An experienced criminal law lawyer, as provided on this site, knows your rights as an accused person. Contact a LawInfo Lead Counsel qualified criminal attorney today.