Criminal Procedure Steps

Criminal procedure outlines the steps taken from arrest to appeal in the legal system. Each stage ensures the rights of the accused are protected while balancing the pursuit of justice, highlighting the complexities of law enforcement and judicial processes.

1. Arrest

   • Law enforcement must have probable cause to make an arrest.
   • The suspect is informed of the charges against them.
   • Rights must be read to the suspect (Miranda rights) if they are to be interrogated.

2. Booking

   • The process of officially recording the arrest and the suspect's information.
   • Includes taking fingerprints, photographs, and personal details.
   • The suspect is informed of their charges and may be held in custody or released on bail.

3. Initial appearance

   • The suspect appears before a judge shortly after arrest.
   • The judge informs the suspect of their rights and the charges.
   • Bail may be set or denied during this appearance.

4. Preliminary hearing

   • A hearing to determine if there is enough evidence to proceed to trial.
   • The prosecution presents evidence, and the defense can challenge it.
   • The judge decides whether to bind the case over for trial.

5. Grand jury indictment

   • A group of citizens reviews evidence presented by the prosecution.
   • Determines whether there is sufficient evidence to formally charge the suspect.
   • An indictment is required for felony charges in many jurisdictions.

6. Arraignment

   • The defendant is formally charged and asked to enter a plea (guilty, not guilty, or no contest).
   • The court sets a schedule for future proceedings.
   • The defendant is informed of their rights and potential penalties.

7. Plea bargaining

   • Negotiations between the prosecution and defense to resolve the case without trial.
   • The defendant may agree to plead guilty to a lesser charge in exchange for a lighter sentence.
   • Helps to reduce court congestion and provides certainty for both parties.

8. Pre-trial motions

   • Requests made by either party to the court before the trial begins.
   • Can include motions to suppress evidence, dismiss charges, or change venue.
   • Aims to resolve legal issues that may affect the trial.

9. Trial

   • The case is presented before a judge or jury.
   • Both sides present evidence, witness testimony, and arguments.
   • The jury (or judge in a bench trial) deliberates and reaches a verdict.

10. Sentencing

    • If the defendant is found guilty, the court determines the appropriate punishment.
    • Sentences can include imprisonment, fines, probation, or community service.
    • The defendant has the right to appeal the sentence.

11. Appeals process

    • The defendant can challenge the conviction or sentence in a higher court.
    • Appeals focus on legal errors that may have occurred during the trial.
    • The appellate court can uphold, reverse, or modify the lower court's decision.