The Criminal Process

Although the laws are complex and each case is different, the procedures for criminal cases are basically the same.

If you are suspected of a crime, an arrest warrant may be issued and you may be taken into custody. In serious cases, evidence is first presented to a grand jury, and, if the charges are justified, the government will proceed with an indictment against you. While you are awaiting trial you may be released on bail.

You have the right to choose an attorney or have the courts appoint one to represent you.

You have the right to choose whether your trial is by judge and jury or judge alone. The prosecution will present its case by introducing evidence to prove their charges.

Remember that you are presumed innocent until proven guilty. The burden of proof is on the prosecution and they must prove guilt beyond a reasonable doubt.

You have the right to enter a “not guilty” plea. If you are found innocent, you are free to go. If you are found guilty, the judge will pronounce sentence.

You have the right to file an appeal if you are found guilty, but the prosecution cannot appeal against you if you are found innocent.

Criminal procedure rules are generally applied to more serious crimes called felonies. Less serious offenses, called misdemeanors, are usually handled in a different way.