REMEMBER: 

YOU ARE INNOCENT UNTIL PROVEN GUILTY 

Arrest

A Defendant is arrested by members of law enforcement.  The defendant is held pending investigation (usually no longer than 48 hours).  Law enforcement presents their initial evidence to the Prosecutors for approval of felony charges.

First Appearance / Detention Court

The Defendant is brought before a Judge who hears a summary of the alleged crime committed and the Defendant’s background.  After hearing the Prosecutor’s proffer and arguments, the Defense Attorney is permitted to present mitigation and arguments on behalf of the Defendant.  Then the Judge will decide what he/she believes would be appropriate conditions of Pre-Trial Release in the case.  Depending on the type of allegations, the Prosecution may file a Petition for Detention requesting to have the Defendant held in jail while they await trial on their matter.  Again, the Defense Attorney is permitted to present arguments against Pre-Trial Detention.  The Judge will then decide whether or not to detain the Defendant, release the Defendant and what, if any conditions will be part of the release.

Preliminary Hearing

The Prosecutor will call a witness (usually a police officer) to testify regarding the criminal allegations.  The Defense Attorney will cross examine the officer on his testimony.  The Judge decides whether or not there is Probable Cause that a crime was committed and that the Defendant is the person who committed the crime.

Grand Jury Indictment

Sometimes, at the Prosecution’s discretion, the State may elect to proceed by Grand Jury Indictment.  When this happens, a Preliminary Hearing is not held.  Instead, the State presents their evidence in front of a Grand Jury and instead of a judge deciding whether or not there is probable cause, the Grand Jury decides.

Assignment/Arraignment

After a finding of Probable Cause or Grand Jury Indictment, the case is transferred to a Felony Trial Courtroom where a trial judge is assigned and the Defendant is Arraigned.  At the Arraignment, the Defendant usually enters a plea of “not guilty” and the State produces initial discovery in the case.

Discovery Process, Motions, Pleas and Trial

The next couple of months in the case consist of court appearances where discovery (paperwork) is passed back and forth between the Prosecutors and the Defense Attorney.  Negotiations usually occur throughout the entire process.  After the discovery process is complete, motions may be presented by both sides and if the case cannot be disposed of by motion or plea (negotiated deal), the case is set for trial.  Trials are held either before a judge or jury who will hear all the evidence and decide innocence or guilt.