When an arrest is made and an individual is detained by law enforcement, or the court has ordered a warrant for an individual’s arrest, this typically signifies the beginning of the criminal trial process. The individual that has been detained, or defendant, must be informally arraigned within 48 hours of the arrest being made. At this point, if it hasn’t happened yet, the defendant will be read his or her Miranda Rights, as well as informed of what grounds he or she has been arrested on, as required by law. The defendant will be informed of his constitutional right to have counsel present at this point, and if available given the nature of the crime, bail will be set at the presiding judge’s specification. If bail can be set, the defendant will then be informed of the time and location of his or her next appearance. If bail has been set but cannot be paid, the defendant will remain in custody.
Preliminary Hearing
- When the defendant’s case is being held at the state level, the step following arrest and arraignment is called the preliminary hearing.
- The defendant will appear before the District Attorney, and at this point it will be determined if the case will proceed, pending the prosecution’s case against the defendant.
- If the charges are found to be valid, the prosecution will be allowed the opportunity to present evidence and produce witnesses to testify against the defendant. In typical cases, the defense will rest at this point.
- If the case presented against the defendant is held at a federal level, there is no preliminary hearing held. Instead the defendant will appear at what is called a Grand Jury Trial. Grand Jury Trials are private trials, meaning no public, including the defendant’s lawyer, are allowed in the courtroom. The Grand Jury itself is comprised of 23 citizens, and its job is to determine whether or not a federal indictment will be made against the defendant in order to go to trial.
Formal Arraignment and Pre-Trial Conference
- A formal arraignment will take place within 30 days of the preliminary hearing or Grand Jury Trial. At this point, both the defense and the prosecuting attorneys will present their “discoveries”, or carry out the Filing of Information. This means the court records the list of formal charges brought before the defendant during the preliminary trial. At this point the defendant will enter a plea for each charge filed.
- In most cases, the defendant will plead not guilty at this point, or stand mute.
- Within 30 days of the formal arraignment, a pre-trial conference takes place. At this point both the prosecuting attorney and the defense attorney meet before the presiding judge to discuss all matters of the case and to determine whether or not a final trial, or jury trial, will occur. During this time, most judges allow for pre-trial motions made by the defense, in order to avoid affording the defense an opportunity for appeal.
Jury Trial
- Assuming the defendant has plead not guilty, at this phase the jury trial process begins.
- The judge will explain the concepts of the case to the jury, and the arguments will begin between the prosecuting attorney and the defense.
- After both sides have presented their case, the jury will be sent to the deliberation room, where they are granted as much time as necessary to determine either the guilt or the innocence of the defendant.
- When finished, they will reenter the court room and announce their verdict.
- If the verdict is not guilty, the defendant will be free of the charge the verdict has been offered for. If the verdict is guilty, the judge will either impose an immediate sentence or adjourn the court and hold a separate sentencing hearing.
However if at the pre-trial conference the defendant entered a plea of either guilty or no contest, the jury trial will be foregone and the sentencing hearing will be scheduled.
Sentencing
The judge determines the sentence for all cases where the defendant either pleads guilty or is found guilty. Using the specifics of each case, the considering testimony given by the defendant, if any, the judge will issue a sentence pertinent to the crime. At this point the defense will have the opportunity to seek appeal, but not before the defendant is placed in custody.
Getting Help
You should not move through the steps of a criminal trial alone. You are entitled to law to have an attorney represent you and you should hire the best lawyer you can afford in order to maximize your chances of being found innocent of all charges.
