Criminal court overview
Criminal court
This is a basic overview of how a criminal case works. Each case does not have every step. Most cases do not go to trial. The defendant may end up making a deal with the prosecution (a plea deal). In some cases, the judge may decide there is a legal reason that the case cannot go forward.
Select any step to find out more
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1. Charges are filed
Typically, the prosecutor files a Complaint. This says who is accused of a crime, what crime, and when.
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2. Arraignment
The defendant goes to court. They find out what they're charged with and what their rights are. The judge will ask if they are ready to plea.
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3. Pretrial activities
Period before a trial when the two sides share information (discovery), ask the judge to make a decision (file motions), and try to reach an agreement or plan for trial. In a felony case, there will be a preliminary hearing.
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4. Trial
If the two sides don't reach an agreement and the judge has not dismissed the case, then it will go to trial. This is usually a jury trial.
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5. Sentencing
If the defendant pleads guilty or is found guilty by a jury, they will be sentenced. Sentenced means the judge says what the punishment will be.
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6. After sentencing
The defendant has a few options. They can try to appeal the decision. Later, depending on the charges, it's possible to have their record cleaned.