When someone is arrested, there are numerous steps that happen in the criminal proceeding.

Arrest:   An arrest takes place when a police officer believes that he/she has probable cause (a “legal” reason) to believe a suspect has committed a crime. An arrest can take place with or without a warrant but usually happens without a warrant. An arrest generally takes place when the officer takes the suspect into custody and takes the suspect to the police station. A suspect under arrest faces the possibility of being charged with a misdemeanor or felony.

Booking:   The suspect is then taken to the police station for “booking.” In the booking procedure, the suspect’s name, offense, and other information are entered into the police database. They police collect fingerprints as well as a photograph of the suspect. For some cases, the suspect has the ability to pay a bail amount in order to be released. The bail amount is set according to the details and nature of the crime. “Posting bail” requires the suspect to agree that they will be at the first court date. Some crimes, however, especially heinous ones, are not eligible for bail and must stay in jail until this date.

Filing complaint:   The prosecutor is now brought in and will make the final decisions to file charges against the suspect. He or she reviews the facts and the evidence to make their decision to bring charges or not. If the suspect is to be charged, the prosecutor prepares a “complaint.”  If the prosecutor decides not to bring charges against the suspect, they will be released.

First appearance:   After a complaint has been filed, the suspect is now called the “defendant” and is brought before a judge. Bringing the defendant before the judge for the first time is called the “arraignment.” If the defendant posts bail, the first appearance is usually several days after the arrest. But if it is a case where there is no bail set, the suspect will still be in custody and must be brought for the first appearance “without unnecessary delay.” Without unnecessary delay typically means no more than seventy-two (72) hours between the arrest and first appearance. This appearance is not designed to evaluate any portions of the case, but is only to do three (3) things:

• Announce charges:   The Judge informs the defendant of the charges that are being brought against him;
• Right to counsel:   The Judge notifies the defendant that he has the right to counsel. This is where the appointment of a public defender process will begin for those that cannot afford, or do not wish to retain a private attorney.
• Bail:   Where the defendant did not previously post bail, the Judge can review the amount of bail. Alternatively, the Judge may release the defendant without bail, on his own recognizance. This means that the Judge is releasing someone in good faith that they will honor their word and come to the next court appearance. The Judge may be allowed to deny bail altogether. This usually happens when the Judge finds that there is no bail amount that will ensure that the defendant will show up for trial, or that releasing this criminal would be a danger the community.

Preliminary hearing:    The next proceeding, in felony cases, is usually the “preliminary hearing.” This appearance also takes place before a Judge. The purpose of the preliminary hearing is for the Judge to make a determination of whether there is probable cause to believe that the defendant may have committed the crime charged. Typically, live witnesses are presented, and both the prosecution and the defendant are represented by counsel. Here, unlike during trial, the prosecutor only has to show that there is a chance that you could have committed the crime, not that it is “beyond a reasonable doubt.” If the Judge finds probable cause, he will continue the case for the next stage.

Filing of indictment:   In federal court cases, an indictment must be returned by a grand jury. An indictment is a finding by a grand jury showing that the grand jury believes enough evidence has been presented to proceed with a trial.

Nature of grand jury proceeding:  The grand jury proceeding is a closed proceeding where the grand jurors decide, by majority vote, whether to issue an indictment. Here, only the district attorney presents information to the grand jury, the defendant is not represented. Not all information presented at a grand jury proceeding is admissible at trial. If the grand jury does not return an indictment, the charge against the defendant is “no-billed” and the case is dismissed.

Arraignment:   Once an indictment has been returned by a grand jury, the defendant is “arraigned” on the indictment. At the arraignment, the defendant is brought before the trial court, informed of the charges against him, and asked whether he pleads guilty or not guilty to the charge. The case is set for trial typically several months after the arraignment.

Pretrial motions:   Next, defense counsel has the opportunity to make various pretrial motions. The most common is the motion to obtain discovery of the prosecution’s evidence; and the motion to have some of the prosecution’s evidence suppressed (usually inadmissable evidence.)

Trial:   Next comes the trial. If the charge is a felony or a misdemeanor, the defendant has the right to have the case tried before a jury. If the offense was a infraction, you will most likely face a bench trial; a trial before a judge only.

Sentencing:  If the defendant pleads guilty or is found guilty during the trial, he is then sentenced. The defendant is found guilty by the jury but the sentencing is done by the judge.

Appeals:   All convicted defendants are entitled to an appeal. Most appeals are by defendants who were convicted at trial and sentenced to imprisonment. However, in most states even defendants who have plead guilty are usually allowed to challenge the plea bargain on appeal.

Post-conviction remedies:   Even after defendant has exhausted all “direct” appeals, certain “post-conviction remedies” will usually be available to them. Most importantly, both state and federal prisoners may challenge their convictions through federal-court “habeas corpus” procedures. In a habeas corpus proceeding, the defendant claims that his conviction violated the federal constitution.