What Happens in a Criminal Case?

A criminal case is a legal proceeding involving the government prosecuting an accused person for breaking the law. There are two systems for prosecution of criminal cases: federal and state. The punishments for certain crimes differ between the states and the federal governments, but many of the same procedures are followed in both.

An accused person will normally be arraigned within 48 hours of being arrested. This is a short appearance before a judge where the judge reviews the arrest and post-arrest investigation reports, advises the accused person of the charges filed, and determines whether he or she should be released on bail. The judge also advises the accused person of his or her right to counsel. If the accused person is unable to afford an attorney, the court will appoint one for him or her at this hearing.

After the arraignment, there may be pre-trial conferences where the defense and the prosecution discuss the case. If the case does not resolve during these proceedings, a trial date will be set. At the trial, the judge and jury will decide whether you are guilty or not guilty. A defendant can choose to testify or not, and he or she can also choose to remain silent. At the end of the trial, both the prosecution and the defense deliver closing arguments to the jury.

If you are convicted, your attorney will work to get a reduced sentence through a plea bargain with the prosecutor. In some instances, your attorney can file a motion to dismiss the case entirely. If this is successful, the charges will be dismissed without prejudice and you can never be charged with that crime again.