The Stages of a Criminal Case Before Trial

GRAND JURY

In both Federal and California state courts, a person must be indicted by a grand jury or brought before a magistrate (judge) to determine whether there is sufficient evidence to be tried for a crime. The Fifth Amendment to the United States Constitution requires a grand jury indictment of criminal cases in federal courts. A grand jury is a group of citizens who decide whether there is a sufficient basis to try a person for a criminal offense.

Grand jury proceedings are secret, and individuals subpoenaed to appear before a grand jury are not allowed to bring a lawyer into the hearing room, although they may go outside t consult with the attorney any time they wish. IF the grand jury believes that there is enough evidence to justify a trial, it returns an indictment. A grand jury does not determine whether the defendant is guilty or innocent; rather it decides whether there is enough evidence to justify accusing and trying the person for a crime.

FELONY

The most serious category of crimes, includes murder, rape and robbery. Less serious crimes are called misdemeanors.

ARREST

An arrest occurs when the police take custody of a person upon suspicion of having committed a crime. A person can be arrested before or after a grand jury indictment. At the time of arrest, a person has to be informed of certain basic rights. As is always shown on television and in the movies, the police must tell the suspect that he or she has the right to remain silent, that anything said can be used against the person in a court of law, and that the person has a right to an attorney and that one will be provided if the person cannot afford one. The United States Supreme Court held that to protect the privilege against self-incrimination--testifying against one's self--found i the Fifth Amendment to the Constitution, these warnings must be give to every person after arrest and before any questioning begins.

Usually within 48 hours after an arrest a person must be brought before a judge. Usually, this appearance is called an arraignment. At the arraignment, the person is informed of the charges and the judge determines whether there is an adequate reason to charge the person with having committed a crime. The judge also usually will set bail. Bail is the amount of money that a person must give to the court to be released before trial. The basic purpose of bail is to give the criminal defendant a strong incentive to show up for rial; if the person flees or does not appear at the trial, the bail is forfeited. The Eighth Amendment to the United States Constitution prohibits excessive bail. The amount of bail depends on the nature of the offense, the defendant's prior criminal record, and the court's assessment of the likelihood that the defendant will flee or pose a continuing threat to the community.

THE PLEA

At the arraignment, or at a subsequent hearing, the defendant is asked for an initial plea of "guilty" of "not guilty." If a defendant pleads guilty, there is no trial and the defendant will have a sentencing hearing where the judge will determine the appropriate punishment. In most criminal cases, trials are avoided through a process called "plea bargaining." The prosecutor offers the defendant a compromise where the defendant pleads guilty in exchange for a reduction of the charges or a lessened sentence. Over 90% of all criminal cases are resolved through guilty pleas. Plea bargaining can occur anytime before the trial begins, and occasionally even trials the trial itself.

DISCOVERY

At both the federal and state levels, prosecutors must disclose to the defendant any evidence that would help the defendant to establish his or her innocence. For example, if a prosecutor learns of a witness who can verify a criminal defendant's alibi, the prosecutor must disclose this to the defense. In criminal cases, defendants are not required to share any information with the prosecutor.