Terms
Accusation
An accusation is the formal charge of wrongdoing brought against a defendant in a criminal case. The sixth Amendment of the US Constitution states that the defendant in a criminal case, “has the right to be informed of the nature and cause of the accusation,” made against him/her. The defendant in a criminal case is guaranteed the right to know what formal accusations have been brought against him/her before the criminal trial begins.
A formal accusation is made by the prosecution and presented during the arraignment. During an arraignment the defendant will hear the formal accusation, also called an indictment, of the charges against him. The formal accusation documents will identify each specific type of alleged crime to have been committed. These are called “counts” and each identifies how, when, and in what fashion the offense was committed. In most cases, especially in a felony criminal trial, the accusation will have been presented to a grand jury before the official indictment is made.
After an arrest, the police will send information about the alleged crime and all relevant facts of the case to the prosecutor. The prosecutor will then gather the information necessary to determine whether or not to press charges and what that accusation will entail. The prosecutor will call on the services of a grand jury to decide whether or not there is enough evidence to indict, or make a formal accusation against the alleged offender. The grand jury is presented with the preliminary facts of the case to decide if there is enough evidence to make an accusation, but will not decide the guilt or innocence of the defendant.
After a defendant has heard the formal accusation made against them, they then have the opportunity to plead guilty, not guilty, or no contest to the charges. This takes place at the arraignment which is often the first time the defendant will appear in court or before a judge for the case in question. The arraignment is also often the last step before a criminal trial begins. If a person is being detained for his alleged crimes, the formal accusation process must take place typically within 48 hours of the arrest.
In addition to knowing the nature and cause of the accusation against them, the defendant in a criminal trial also has the constitutional right to a fair and speedy trial, the right to an impartial jury trial, the right to an attorney, the right to have an attorney provided by the courts if the defendant cannot afford legal services, the right to be confronted by the witnesses against him/her, the right to call witnesses in their defense, and other rights granted by federal and state law.
During the formal accusation process it is crucial to have the professional help of a knowledgeable attorney. If you cannot afford an attorney the court will appoint you one. An attorney will typically speak on behalf of a defendant during the accusation proceedings to ensure that his client’s legal interests are protected and maximized. If you would like to learn more about the accusation in a criminal trial, please contact us to speak with a qualified and experienced criminal defense attorney that can help.
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