Criminal Justice System

The Basic Steps

1) Crime is Commited

2) Investigation and Arrest or Citation

1) Police Continue Investigation

2) Warrant Issued for Arrest

3) Police Report is sent to the County Attorneys Office - They Determine if a Trial Will Take Place

4) Suspect is Arrest & Sent To Jail

3) Initial Appearance

1) Initial Appearance within 24 Hours of Being Jailed

2) Preliminary Hearing Date Set

3) Bail?

  • NO BAIL? - Held Until Hearing
  • BAIL GIVEN? - Released Until Hearing

4) Preliminary Trial

1) Evidence That Crime was Committed is Presented

OR

2) Filing of Trial Info (Which Stops Preliminary Trial from Happening)

  • NOT GUILTY? Released

5) Arraignment and Plea

1) Formal Charges Filed

2) Plea of Guilty or Not Guilty

  • NOT GUILTY? Next Step of Negotiations and Trial
  • GUILTY? Straight to Sentencing

6) Discovery of Evidence & Negotiations

1) If Not Guilty - Right to See Evidence Against Defendent

2) May Change Plea to Guilty at ANY Time

  • GUILTY? Straight to Sentencing
  • NOT GUILTY? Trial

7) Trial

1) Opening Statements

2) State Witnesses/Evidence

3) Defendant Witnesses/Evidence

4) Closing Arguments

5) Deliberation/Verdict

  • NOT GUILTY? Released
  • GUILTY? Sentenced

8) Sentencing

1) Jail Time or Probation

2) Fine

3) Restitution towards Victims

4) Deferred Judgment and Probation

  • NOT SATISFIED? Appeal

9) Appeal

1) Everyone has the Right to Appeal Their Case

2) Waive the Right to Appeal Some Parts of Case in Plea Deals