Typically, the journey through the criminal justice system has nine phases. They may be different from state to state, but generally this is what you should expect:
- Investigation – This is the formal examination and evaluation of all relevant evidence to determine if misconduct has occured, and, if so, to determine the responsible person and the seriousness of the misconduct.
- Charging & Arrest – To indict or formally accuse.
- Initial Hearing/Preliminary Arraignment – Typically held within 1 to 72 hours of arrest, this first appearance in court is called an arraignment. The judge will read the charges against you, inform you of your rights to have a lawyer, and then set (or deny) your bail.
- Preliminary hearing – The prosecution must show enough evidence that a crime has been committed and the defendant is most likely the one who committed the crime. Often, a defendant planning on admitting guilt or negotiating a plea bargain will waive this hearing. Sometimes, it is a chance for the judge to reset or change bail conditions.
- Discovery – This is the formal process of exchanging informatino between the parties about the witness and evidence they plan to present at trial. There is usually a set deadline for presentation of the prosecution’s discovery following arrest.
- Plea bargaining – This is an out-of-court activity between the defendant or defendant’s counsel and the prosecution in which defendants agree to plead guilty to some or all of the charges in exchange for concessions from the prosecutors. In many cases, the sentencing judge can accept or deny any sentencing considerations worked out. The judge can sentence as agreed during plea bargaining or decide a different sentence altogether.
- Pre-Trial Motions or Dispositional Hearing – The defendant will go before the court/judge and enter a plea of guilty or innocent. This motion can affect the trial, courtroom, defendants, evidence, or testimony. Only the judge can decide the outcome of the motion. If a plea agreement is at hand, the judge will hear the agreement and approve or decline the modification of charges against the defendant. If a defendant is going to enter a declaration of innocence, the judge may set a trial date.
- Trial – If no guilty plea agreement has been reache, a trial is held. A trial is a structured process where the facts of a case are presented to a jury (or judge in the case of a bench trial) and they decide if the defendant is guilty or not guilty of the charge offered. During the trial, the prosecutor uses witnesses and evidence to prove the to the judge and jury that the defendant committed the crime.
- Pre-Sentencing Investigation (PSI) – Investigators will conduct a PSI including physical, mental, and emotional health considerations, psychological or psychiatric evaluations, etc. The PSI team will determine any sentencing recommendations or considerations to the judge. Sentencing – If the defendant has been found guilty of any or all charges, they will appear before a sentencing judge who can impose fines, incarceration, community service, parole and probation conditions, etc. A judge may also require individuals with sex offenses to register under the Sex Offender Registration and Notification Act (SORNA), to attend mutual help meetings (“Anonymous” meetings), etc.