After the officer arrests the suspect, the suspects are than taken to the police station where they are “booked.” This process includes fingerprinting, photographing, and searching the suspect. The suspect is than allowed to make one phone call. The judge, magistrate, or commissioner will review the charges brought against the suspect and determine probable cause, the suspect does appear before the judge or magistrate.
The initial appearance is when the defendant goes in front of a judge for the first time. There is no set time to when this must be done, but it is usually done within a 24 to 48 hour period. This is where the judge informs the defendant of their charges and constitutional rights. Regarding misdemeanors, the defendant may choose to plea guilty and receive his or her sentencing. For felonies the defendant may not make a plea, as the judge does not have the rights to make decisions regarding felonies. The judge sets a bail amount for the defendant. If the bail amount is not posted than the defendant will return to jail until his or her trial date. If the defendant is able to pay his or her bail, or someone posts it for them they are then released on what is known as pre-trial release.
The preliminary trial determines probable cause based on evidence shown. Every person that has been charged involving a warrant has the right to this trial. The prosecutor provides evidence to prove grounds for a trial. The defense may challenge the evidence shown. Once probable cause is established the prosecutor will than issue an information. An Information is a formal charge directed towards the defendant. Most of the time a grand jury will determine probable cause. The grand jury is a group of citizens who are selected and are used for a certain amount of time, but usually no more than three months. They will only evaluate the evidence produced by the prosecutor, they will not hear the defense. If and when they find the evidence to be probable cause they will indict the defendant. An indictment is a charge that is issued because there is enough evidence to prove there is probable cause.
An arraignment is a court hearing where the defendant decides whether or not he or she will make a plea. If the defendant chooses to make a plea of guilty there is no need to go to trial and the defendant will be sentenced. Plea bargaining usually occurs after the arraignment and before the trial, if there will be a trial. The prosecutor and defense argues how the defendant will be sentenced, but this must be in agreement with the judge. If the case is going to go to trial the prosecutor will try to get the defendant to plea guilty so that the judge or jury at the trial will not go in favor of the defendant and pronounce the defendant not guilty. If the defense attorney believes that his or client is guilty, they will try to convince their client to plea guilty. In some cases defense attorneys will want to go to trial, even if they believe their client is guilty, for purposes of publicity or work experience. If the defendant chooses to make a plea of not guilty or nolo contendere (which means I will not contest it) then the defendant will go to trial. When someone pleas nolo contendere they are not admitting guilt nor innocence. This in a criminal trial can have consequences, as it can mean the same as guilt but cannot be used as an admission of guilt.
Every defendant must be aware if his or her constitutional rights. As I previously stated the judge must inform the defendant of their fifth and sixth amendment rights. The Fifth Amendment gives the defendant the right not to speak against himself/herself. The Sixth Amendment gives them the right to be represented by an attorney. If the defendant is unable to afford an attorney one will be appointed to them by the state. This may include a public defender or private counsel. They also have the right to a speedy trial by a jury.
Bench trials are trials without a jury, the judge decides the defendants innocence or guilt. A jury trial is a trial before a judge and an impartial jury that is chosen by the defense, the prosecutor and the judge. They question many U.S. citizens over the age of eighteen, who are clear of any felony convictions, are in good health, are intelligent enough to understand the issues of a trial, and are able to read, write, and understand the English language. They also determine if the juror will be biased in their decisions regarding the case. The juror must also answer all questions from these three honestly, including personal information. After questioning many prospected jurors, both attorneys and the judge make a decision on which twelve individuals will serve on the jury. An acquittal is a declaration following a trial in which the accused is innocent and are free of all charges.
Attorneys may choose to give an opening statement where they talk briefly to the jury about evidence and facts that will be presented during the trial. The prosecutor than presents evidence that the state has against the defendant. There are two types of evidence testimony and real evidence. Testimony is evidence regarding a witness, and real evidence is evidence that can be shown. Each party will then argue there case and may cross-examine any witnesses. A rebuttal is when the prosecutor wishes to introduce new evidence. The defense has the opportunity to cross-examine any new evidence that the prosecutor has submitted. Closing argument are last statements that either or both the prosecutor and defense may have in regards to the case. This is their last chance to convince the jury.
Before the jury deliberates the judge sums up the case and informs them of the laws regarding the case. Also the judge and attorneys give them certain instructions. The jury may than deliberate, which means they go in private to discus innocence or guilt. Sometimes the judge may request for the jury to be sequestered. Sequestered is when the jury has no contact with the public. When the jury has decided they issue a verdict and announce the verdict to the judge. The jury’s job is over and they are dismissed. If the defendant is found guilty he or she has the right to make an appeal. An appeal is when the defendant wishes to be tried in a higher court. A defendant will do this if they feel they did not have a fair trial. They must also prove that they did not receive a fair trial. The defendant is than sentenced.
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