Criminal court trials process

The judge will decide whether the individual should remain in jail or should be released on bond. During the initial appearance, the judge will also schedule a preliminary hearing. During a preliminary hearing , a judge will determine whether there is probable cause that an individual committed the charged offense.

A criminal defense attorney will also cross-examine any witnesses presented by the prosecution. Sometimes, the prosecution might present a grand jury to show that there is a sufficient level of probable cause.

During the arraignment process, the judge will review the bail amount and set the next court date. If a person decides to plead not guilty, the case will proceed to trial.

At trial, you have the constitutional right to decide if you want to testify. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims.

Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Admissibility of Evidence in Criminal Cases. Criminal Appeals. Motions for a New Trial in Criminal Cases. Competency to Stand Trial for Criminal Defendants. Continuances in Criminal Cases. Judgments of Acquittal in Criminal Trials.

Joint Trials for Criminal Defendants. Immigration Removal Proceedings and Criminal Law. Miranda Rights for Criminal Suspects. Right to Record Police Officers.

Arrests and Arrest Warrants. Constitutional Rights in Criminal Proceedings. Discovery in Criminal Cases. With more serious crimes, the court sets the amount of bail required to release the defendant. Step 4: Pretrial Proceedings Before any actual criminal trial, the criminal process provides for a period of time during which the prosecutor and defendant - through the defendant's attorney—exchange information about the charges and alleged facts of the case.

A defendant is generally entitled to know what evidence the prosecution has prior to the actual trial. While surprise witnesses and newly discovered evidence was the mainstay of Perry Mason shows, the criminal prosecution system requires an open process.

During this pretrial proceedings phase, the prosecution and the defendant, through counsel, file various motions, discovery requests and witness summonses. It should be remembered that many cases never actually go to a formal trial since during the pretrial proceedings phase or step, the defense and prosecution may enter into a plea agreement. If such a plea agreement is not reached, however, the court will set a trial date. Step 5: Trial The criminal trial is the stage at which actual criminal guilt is determined.

If the defendant has requested a jury trial, prospective jurors are questioned to determine if they can reach a fair and impartial verdict. After the jury is selected, each side offers an opening statement.

Generally the prosecution goes first. The prosecutor gives a relatively brief overview of the crime — a general view of the evidence that should convince the jury that the defendant is guilty. The defense then offers its opposing view of the case. The prosecution presents the state's case against the defendant, offering evidence in the form of witness testimony and, in some instances, actual physical evidence itself.

By Micah Schwartzbach , Attorney. The many legal procedures associated with modern criminal trials have developed over centuries. States and the federal government follow a largely uniform set of procedures. For more on these procedures, see Criminal Trials. Assuming that the criminal trial is carried out to completion, those procedures tend to include the following:. Judge or jury trial. The defense often has the right to decide whether a case will be tried to a judge or jury, but in some jurisdictions, both the prosecution and the defense have the right to demand a jury trial.

For more on the jury-trial right, including its limitations, see The Right to Trial by Jury. Juries typically consist of 12 people, but some states allow for juries as small as six members. Jury selection. If the trial will be held before a jury, the defense and prosecution select the jury through a question-and-answer process called "voir dire.

Evidence issues. The defense and prosecution request that the court, in advance of trial, admit or exclude certain evidence. These requests are called motions "in limine. Opening statements. The prosecution and then the defense make opening statements to the judge or jury.

These statements provide an outline of the case that each side expects to prove. Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver. In some cases, the defense attorney reserves opening statement until the beginning of the defense case. The lawyer may even choose not to give an opening statement, perhaps to emphasize to the jury that it's the prosecution's burden to do the convincing.

Prosecution case-in-chief. The prosecution presents its main case through direct examination of prosecution witnesses. The defense may cross-examine the prosecution witnesses. Also see What are 're-direct' and 're-cross' examination?