A criminal case involves the prosecution of an accused person by a government entity. It can be either state or federal. The prosecution must prove the case beyond a reasonable doubt in order to have the defendant found guilty and sentenced to prison, fines or probation.
Typically, the first time the accused is brought before a judge is at his or her initial appearance in court. The judge reviews arrest and post-arrest investigation reports, advises the defendant of the charges against him or her and determines whether there is probable cause to believe that an offense has been committed. The defendant is also advised of his or her rights and if the defendant cannot afford to hire an attorney, the court will consider appointing one to represent the defendant.
The next time the accused appears in court is for arraignment. At this time the prosecutor will present information, usually in the form of a probable cause affidavit, to the judge. The judge will then decide whether or not to charge the individual with a felony, misdemeanor or summary offense. Felonies include crimes like murder, robbery and burglary and carry much more serious penalties than misdemeanors and summary offenses.
During the week preceding trial, the defense attorney will receive what is called “discovery.” This usually consists of documents, recordings and statements from government witnesses. The defense and the government will then begin what is known as voir dire, or jury selection. This process can take a couple hours or the whole first day of trial, as attorneys ask questions of potential jurors to select the jury for the case.
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