Criminal Procedure
Many people's first introduction to the legal system occurs during a criminal case.
Each criminal case is different, but there are some steps that are common to most, if not
all, criminal cases. In this section you will find information on what to expect at each
stage of a typical criminal case -- including tips on the arrest process, plea bargains,
sentencing options, and more. The resources on this page are meant to provide a
general overview of a criminal matter---from arrest to the appeals process. The laws in
your state and/or city may deviate significantly from those described here. If you have
specific questions related to your situation you should speak with a local criminal
defense attorney. Arrest
Getting arrested can be a frightening experience no matter who you are. When
someone is arrested by the police, a specific series of events follows. The police must
follow legal procedures during the actual arrest process, and at many other stages
along the way to actually placing a suspect in jail. Criminal Trial
A typical criminal case has several different phases. Unless a guilty plea is entered,
criminal cases are resolved by trial. A defendant has a constitutional right to a "speedy
trial." However, if a defendant demands a "speedy trial" and the prosecutor is not
prepared to proceed to trial, the charges against the defendant may be dismissed. If
not, the case will go to trial. During trial, the jury is instructed that the defendant is
presumed innocent, and that the presumption of innocence does not change until the
jury begins deliberations. Jurors are not supposed to abandon the presumption of
innocence before hearing all of the evidence in the case.
If the jury finds the defendant guilty, a defendant may file post-trial motions, such as a
motion for a new trial. These motions are rarely granted. The defendant may also file an
appeal.
One of the first steps of the criminal trial process is the arraignment. Sometimes, an
arraignment comes shortly after the arrest and booking of a defendant, when it is
typically combined with a bail hearing. For those defendants who are never arrested (because
they were served with a summons or citation instead), the arraignment is
typically their first court date. In felony cases, the arraignment is sometimes delayed until after
the grand jury returns an indictment. Despite the differences in process, the basic structure of an
arraignment hearing is the same for all defendants.
At an arraignment, a judge will formally state the charges against the defendant. If bail has not
yet been set in the case, it will be addressed at arraignment. Then, the
defendant will be apprised of their rights and asked to enter a plea to the charges. This process
would usually take place in a courtroom, but sometimes arraignments occur in a special room
inside the jail, or even through a video feed.
Although the exact process and rules may differ from state to state and jurisdiction to
jurisdiction, this article provides a general overview of what to expect at an arraignment hearing.
The Arraignment Process at a Glance
At an arraignment hearing, a judge will read the criminal charges against the accused (now
called the "defendant"), and ask the defendant whether they understand the charges
(regardless of whether they agree with them). The defendant will be asked if
they have an attorney. If they do not, the court can appoint them a lawyer. Either way, the judge
will be sure to inform the defendant of important trial rights before proceeding.
Next the defendant will be asked how they plead to the charges. There are three options: guilty, not
guilty, or no contest. A plea of no contest means that the person is not
agreeing that they committed a crime, but they are willing to accept a conviction. Any plea
other than "not guilty" could end the criminal trial process on the spot.
The judge will then make a decision or will review the decision about bail. The defendant may be
released on their own recognizance or may be told to post a certain amount of
bail
The arraignment is a formal process designed to ensure the protection of the
defendant's rights. It is often the first time that a defendant sees a judge in their case, and
sometimes that can lead to confusion. A defendant should never try to argue the facts of the
case or present evidence during the arraignment. The judge is not allowed
to consider any evidence of guilt or innocence at this hearing, but statements made by
defendants at arraignment might be incriminating and used against them later.
