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Adult Criminal Process
The following diagram is designed to help you gain a better understanding of the adult criminal legal process. While most cases will follow this general outline, every case is unique and may diverge from this basic scheme. If you or a loved one has been accused of a criminal offense, the help of a qualified and experienced legal professional is crucial. A criminal defense attorney can greatly benefit you throughout every step of the legal process. Securing legal representation as soon as possible is the best way to protect and maximize your legal interests.
The police take you into custody by legal authority because they have reasonable cause to believe you were involved in a crime.
After you are booked, informal charges be filed within a certain period of time (usually between two to 48 hours) following an arrest. If no charges can be filed within this time period, your attorney can request that a judge order your release.
During this appearance before the judge, bail will be set (with some exceptions). A bail bond is posted as your promise to appear at all subsequent court dates. Failure to appear can result in a bench warrant order for your arrest.
If the case occurs on the federal level, a grand jury will decide if there is enough evidence to formally charge you.
This is the formal arraignment during which the official charges are read and you are asked how you will plea.
You have three choices of how you will plea:
| Guilty Possible plea bargain | Not Guilty Case goes to trial | NOLO CONTENDERE (No Contest) Possible plea bargain |
Not guilty pleas send the case to trial. Before the trial, if you request a jury trial, jury selection will begin. Evidence issues will also be determined before the trial.
The prosecutor has the burden of proof to show the defendant is guilty of the charges in question. The jury will determine the verdict:
For “guilty” pleas, “no contest” pleas, and trial convictions, the judge will determine the sentence. In some special circumstances, the jury may influence this decision.
If you feel you did not receive a fair trial and are not satisfied with the results of your trial, you have the legal right to file an appeal with the appropriate court.
See also:
Search Warrant | Accusation | Probation | Concurrent Sentencing | Civil Case | Evidence | Pro Bono | Expungement | Criminal Trial | Jury Selection
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