Being charged with a crime, or learning that a loved one has been, is frightening. The process can feel opaque, but it generally follows a predictable sequence. Outcomes vary widely based on the charge, the evidence, the jurisdiction, and the defense presented. Specific legal advice for any particular case should come from a criminal defense attorney.
Arrest and Booking
An arrest can happen at the scene of an alleged offense or later after an investigation and warrant. After arrest, the person is taken to a station for booking: fingerprints, photographs, and recording of personal information.
Your Constitutional Rights
- The right to remain silent. Statements you make to police can be used against you.
- The right to an attorney. If you cannot afford one, a public defender may be appointed.
- Protection against unreasonable searches and seizures.
- The right to be informed of the charges against you.
Initial Appearance and Bail
Within a short time after arrest, the accused is brought before a judge for an initial appearance. The court formally informs them of the charges and addresses release conditions: release on personal recognizance, bail, or, in serious cases, detention.
Arraignment and Plea
At arraignment, the defendant enters a plea, typically 'not guilty,' 'guilty,' or 'no contest.' A not-guilty plea preserves all defenses and starts the process toward trial.
Preliminary Hearing or Grand Jury
For felony cases, the prosecution must show there is enough evidence to proceed. Depending on the jurisdiction, this happens at a preliminary hearing before a judge or before a grand jury.
Discovery and Motions
The defense and prosecution exchange evidence. The defense may file motions to suppress evidence obtained in violation of constitutional rights, to dismiss charges, or to address other legal issues.
Plea Negotiations
Most criminal cases in the United States resolve through plea agreements rather than trial. A plea agreement may involve pleading guilty to a reduced charge, agreeing to a particular sentence recommendation, or dismissing some counts. The decision to accept or reject a plea is the defendant's alone, made with counsel's advice.
Trial
At trial, the prosecution must prove guilt beyond a reasonable doubt. The defendant has the right to a jury in most serious cases, the right to confront witnesses, and the right to present a defense. The defendant is not required to testify.
Sentencing
If there is a conviction or a guilty plea, sentencing follows. Sentences can include incarceration, probation, fines, restitution, community service, treatment programs, and other conditions, depending on the offense and the jurisdiction's sentencing rules.
Appeals and Post-Conviction Options
A defendant who is convicted at trial generally has the right to appeal certain issues to a higher court. There may also be post-conviction options such as motions to vacate, sentence modifications, or, eventually, record-sealing or expungement, depending on state law.