Criminal court procedures vary according to jurisdiction, and every state has different rules. However, basic procedures are similar across the board. Below is a brief outline of the procedural steps in a criminal case.
Arraignment: This is usually the first appearance in criminal court, and it is where a defendant is advised of the charges they are facing. Pleas are typically entered at this stage, and defendants can either bring their own attorney in Pasadena or petition for a public defender. Judges sometimes ask prosecutors for additional information to verify the legality of an arrest, and if the prosecution cannot prove probable cause, the charges may be dropped.
Trial: If a plea deal is not reached, the case goes to trial. Defendant rights are similar across jurisdictions, and typically include:
The right to a speedy trial, unless waived
The right to a trial by jury (if defendant is facing more than six months in jail or prison)
The right to a trial by judge (bench trial)
If a jury trial is chosen, the jurors are interviewed and selected. When the trial starts, the prosecutor presents the case, calling witnesses and presenting evidence in various forms. The defense Attorney in Pasadena sometimes cross-examines the prosecution’s witnesses, and sometimes presents its own evidence and witnesses. The trial concludes with closing arguments by both sides, after which time the judge gives instructions to the jury.
Verdict: Jury deliberations do not happen in the courtroom, but the verdict delivery does take place there. Juries may find the defendant not guilty, completely guilty, or guilty of some charges. Depending on the judge’s instructions, the jury may find the defendant guilty of a minor crime.
Sentencing: Once a guilty verdict has been issued, a sentencing hearing takes place. Sometimes, compounding or mitigating factors can affect the sentence length. What happens during a sentencing hearing depends on jurisdictional sentencing guidelines, and whether the judge is bound by them.
The above steps are generally what occurs in criminal court cases. Every case is different, and procedures vary by jurisdiction. If you are charged with a crime, it is a good idea to consult with Khalaf and Khalaf Attorney at Law.
