1. Arraignment:
When the the charges against the offender are read in front of a judge. At an arraignment, lawyers are appointed to a defendant if they don't have one or cant afford one. Along with the lawyer being appointed, the plea is entered as well, bail is also discuss at an arraignment.
2. Preliminary Hearing:
After the arraignment, there is a preliminary hearing. This is where evidence against the defendant is presented in front of the judge by the prosecutor to show the judge that the defendant is very strongly suspicion of committing the crime that they committed.
IF a judge finds suspicion in the crime being committed, defendant is "held to answer" where the prosecution/prosecutor proceeds with the trial court level.
IF NOT, if they judge goes against he prosecution or disagrees with them and says there is no "strong suspicion," charges are dropped and case closed.
3. 2nd preliminary Hearing (If the judge finds strong suspicion against defendant):
After the 1st arraignment and preliminary hearing, if the judge agrees with the prosecution, they wait 2 weeks or 14 days after the first hearing for the "held to answer" he is sent to trial level Superior Court. The judge goes through the same process as before for the hearing.
4. Pretrial Hearing and Motions:
The hearing is resolving the outstanding issues and is the start of the "plea bargain" of the defendant to the judge whereas the motion is where it is a request to a judge to issue a ruling or order on a legal matter.
5. Jury Trial (Final step):
Prosecution and defensive teams present evidence to the jury or judge. This includes witnesses that are asked questions in front of a 12 man jury and a judge.
The jury's job in the case is to look or examine evidence presented in the case and come to a verdict.
The Judge is the one to appoint the sentencing which they do that by interpreting the verdict from the jury and compare it or look at the law to make sure its fair. ( Judges normally look at State Law for )
Your summary on the criminal case process was clearly explained. It helped me understand the steps that are taken during a criminal case. It was interesting reading how each one fits with the next. This process is suppose to be fair and ensuring that the defendant is guilty or not, but it also has it's flaws, incriminated innocent individuals or setting criminals free.
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