A criminal case is a legal action brought by the government against an individual who has been accused of having committed a crime. Those accusations are made through police investigations and citizens’ complaints. If a person is charged with a crime, he or she may be subject to prison time, fines or community service. Criminal law considers crimes an act against society rather than against an individual and thus carries with it much harsher penalties than civil lawsuits.
Typically, an accused person is first given the opportunity to speak with a lawyer at what is called his or her Initial Appearance. This is usually conducted by a Magistrate Judge on the same day that the accused person is arrested or summoned to appear in court. At this hearing, the accused is advised of his or her rights and the court determines whether a person can afford to hire a private attorney.
Before trial, the attorneys for the defense and the prosecution review evidence through a process called discovery. During this period, the attorneys obtain documents, recordings and statements that are relevant to the case from each other as well as from witnesses who will testify at trial. The week before trial, the attorney for the defense also receives what is commonly referred to as 3500 material, which includes prior statements of government witnesses that are to be used at the trial.
At a trial, the prosecutor and defendant deliver closing arguments to the jury. After the defense and prosecution conclude their closing remarks, the jury retires to decide whether the accused is guilty or not.