who brings the charges in a criminal case?
In criminal cases, the plaintiff (which is the state) is represented by a prosecutor, and a criminal defense lawyer represents the defendant. Keep in mind that any individual accused of a crime has the privilege to be represented in court. If the defendant cannot afford an attorney, the court will appoint one. Some cases go to a jury trial, a judge only hears some, and others are pleaded out.
Each state varies in criminal law codes and statutes. For example, a state where the death penalty is permitted will have different sentencing guidelines for capital murder than a state where the death penalty is prohibited. Another example would be a discrepancy in sentencing guidelines for states with varying marijuana laws.
Some state criminal systems offer a program to give offenders a second chance and avoid criminal charges. They are typically included under the pre-trial intervention programs known as diversionary programs.
Eligible individuals charged with a crime can usually get the charges dismissed upon completing the probationary period (usually 1-2 years). This permits the individual to bypass standard legal penalties like criminal fines and jail sentences.
These programs also save the courts time and resources. They are often abbreviated as “AR” and can go by various names in different states.
A defense strategy in criminal law is like a game plan for striking the offense. It generally starts with ensuring that the defendant and attorney know the charges’ full nature.
It is essential that the defense:
For instance, if the defendant has been charged with trespassing and grand theft auto, the defense must answer each charge. The elements for trespass are different from grand theft auto, so the defense needs to understand what evidence can support/refute those elements.
For trespass, the defendant must have known that the land belonged to someone else, but if the defense attorney can demonstrate that the defendant did not know and there is no way he could have known, it can weaken the trespass charge.
Everyone who stands accused of a crime is assumed innocent until found guilty in a court of law.
The defense must develop a plan to safeguard the defendant’s innocence by doing the following:
If the defendant does not work with their state-provided defense lawyer for whatever reason, they may be able to ask the judge to appoint new counsel or hire their own lawyer. While the judge has the right not to replace the defendant’s public defender, the defendant has the right to replace their public defender with a private criminal defense lawyer. It is essential to remember that you cannot pick your public defender, and one is allocated to you at the court’s discretion.
You and your criminal defense lawyer work together when you form your defense strategy. This process usually arises when the attorney uncovers what evidence the prosecution has along with your version of the event.
You should always tell your attorney the whole true story so they can assist you satisfactorily. A defense strategy is created when you and your attorney fit together the interpretation of events that is more likely to have a fair outcome for you. For instance, you are not guilty because you acted in self-defense. It is up to the lawyer and you to create the most legally helpful, accurate version of events relevant to the case and consistent with physical proof.
Yes. The truth might indicate that you are guilty, but only of a less-serious offense. If the defendant fibs and insists on total innocence and the evidence is against them, the attorney can’t arrive at a real plea bargain or ask the jury to convict on the lesser offense.
A defendant’s honest tale might indicate facts that suggest such a result. The defense lawyer can also use such facts to argue for minimum punishments if you are convicted. For instance, the defendant was tricked into committing the crime.
Every defense will be different based on the details of the case. However, most defenses will fall into one of three categories:
The lawyer, via fiduciary duty, is supposed to gather the client’s approval as much as possible. The lawyer is in charge during the trial, as ruled by the Federal Supreme Court. Before the trial, though, the client should raise their apprehensions about the case. Suppose the client is truly dissatisfied with how the lawyer handles the case. In that case, the client may ask for another lawyer if the current lawyer is a public defender or hire a new lawyer.
However, keep in mind that circumstances must be very bad for a court to assign a new public defender to a criminal defendant who cannot afford to hire a new lawyer. Although the criminal attorney is expected to make the tactical decisions, the client is whose fate is being decided and has the right to voice their concerns.
This article discusses how charges are filed against suspects and what happens between the arrest and the trial.
The first way a criminal trial can start is with a document called the "information," or in many jurisdictions, the "complaint." This document is written by the prosecutor before the preliminary hearing, if there is one. (There is no preliminary hearing for misdemeanor crimes.) The complaint gives the defense notice of what charges are being brought against their client.
In the complaint, the prosecutor briefly recites the elements of the offense and the date, location, and names of those involved. For example, a theft complaint will look like this: "On or about [date], in [city, county, state], [defendant] did, without permission, use or exercise control of [object], the property of [the victim], with the intent to deprive [the victim] of the property." Prosecutors refrain from including extra details.
The substance of the information will come from the police report and other documents produced through police investigation, but it can also come from complaints brought by citizens.
Prosecutors can then proceed to trial, although some states require felony charges to be brought by indictment. In the federal system, a prosecutor can bring misdemeanor charges by information or complaint. Felony charges can be brought by complaint, but only if the right to a grand jury is waived by the defense.
The second way a criminal trial can start is by indictment through a grand jury. Prosecutors use this method because the law requires it for felonies in most states and the Fifth Amendment requires it for federal felony prosecutions. Some prosecutors use it as a test trial.
The prosecutor reviews the evidence and prepares an indictment document. That is submitted to the grand jury, and the prosecutor presents evidence to the grand jury in support of that indictment.
The grand jury can hear from witnesses and can even question witnesses directly. They can also hear evidence that is likely inadmissible in court. The grand jury will then decide which charges in the indictment, if any, are supported by probable cause and are allowed to proceed.
The third way to bring a criminal charge is the easiest. A police officer sees someone committing a minor crime, such as speeding, jaywalking, or littering, and writes up a ticket, also known as a citation.
State statutes determine which types of crimes can be charged by using a citation. Often, these are minor infractions. not punishable by prison. The person who receives the ticket has the opportunity to contest it in court. Often they may be able to pay a fine to resolve the matter.
But this method of charging crimes is always subject to review by the prosecutor once the defendant arrives in court. Police officers are not trained as lawyers, and sometimes they issue citations that a prosecutor would not approve. Once court proceedings begin, prosecutors have an opportunity to review the officer's charging decision and can override it with a dismissal of the charge.
Over 90% of criminal cases are resolved before trial; in federal cases, that number is as high as 97%. So, the pre-trial phase is by far the most important phase of a criminal case. It's the period before trial that ultimately shapes the outcome of the case.
In criminal cases, the plaintiff (which is the state) is represented by a prosecutor, and a criminal defense lawyer represents the defendant. Keep in mind that any individual accused of a crime has the privilege to be represented in court. If the defendant cannot afford an attorney, the court will appoint one. Some cases go to a jury trial, a judge only hears some, and others are pleaded out.
Each state varies in criminal law codes and statutes. For example, a state where the death penalty is permitted will have different sentencing guidelines for capital murder than a state where the death penalty is prohibited. Another example would be a discrepancy in sentencing guidelines for states with varying marijuana laws.
Some state criminal systems offer a program to give offenders a second chance and avoid criminal charges. They are typically included under the pre-trial intervention programs known as diversionary programs.
Eligible individuals charged with a crime can usually get the charges dismissed upon completing the probationary period (usually 1-2 years). This permits the individual to bypass standard legal penalties like criminal fines and jail sentences.
These programs also save the courts time and resources. They are often abbreviated as “AR” and can go by various names in different states.
A defense strategy in criminal law is like a game plan for striking the offense. It generally starts with ensuring that the defendant and attorney know the charges’ full nature.
It is essential that the defense:
For instance, if the defendant has been charged with trespassing and grand theft auto, the defense must answer each charge. The elements for trespass are different from grand theft auto, so the defense needs to understand what evidence can support/refute those elements.
For trespass, the defendant must have known that the land belonged to someone else, but if the defense attorney can demonstrate that the defendant did not know and there is no way he could have known, it can weaken the trespass charge.
Everyone who stands accused of a crime is assumed innocent until found guilty in a court of law.
The defense must develop a plan to safeguard the defendant’s innocence by doing the following:
If the defendant does not work with their state-provided defense lawyer for whatever reason, they may be able to ask the judge to appoint new counsel or hire their own lawyer. While the judge has the right not to replace the defendant’s public defender, the defendant has the right to replace their public defender with a private criminal defense lawyer. It is essential to remember that you cannot pick your public defender, and one is allocated to you at the court’s discretion.
You and your criminal defense lawyer work together when you form your defense strategy. This process usually arises when the attorney uncovers what evidence the prosecution has along with your version of the event.
You should always tell your attorney the whole true story so they can assist you satisfactorily. A defense strategy is created when you and your attorney fit together the interpretation of events that is more likely to have a fair outcome for you. For instance, you are not guilty because you acted in self-defense. It is up to the lawyer and you to create the most legally helpful, accurate version of events relevant to the case and consistent with physical proof.
Yes. The truth might indicate that you are guilty, but only of a less-serious offense. If the defendant fibs and insists on total innocence and the evidence is against them, the attorney can’t arrive at a real plea bargain or ask the jury to convict on the lesser offense.
A defendant’s honest tale might indicate facts that suggest such a result. The defense lawyer can also use such facts to argue for minimum punishments if you are convicted. For instance, the defendant was tricked into committing the crime.
Every defense will be different based on the details of the case. However, most defenses will fall into one of three categories:
The lawyer, via fiduciary duty, is supposed to gather the client’s approval as much as possible. The lawyer is in charge during the trial, as ruled by the Federal Supreme Court. Before the trial, though, the client should raise their apprehensions about the case. Suppose the client is truly dissatisfied with how the lawyer handles the case. In that case, the client may ask for another lawyer if the current lawyer is a public defender or hire a new lawyer.
However, keep in mind that circumstances must be very bad for a court to assign a new public defender to a criminal defendant who cannot afford to hire a new lawyer. Although the criminal attorney is expected to make the tactical decisions, the client is whose fate is being decided and has the right to voice their concerns.
Only the government initiates a criminal case, usually through the U.S. attorney's office, in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.
After an arrest, the police report goes to a prosecutor whose job it is to initiate cases. An arrest report summarizes the events leading up to the arrest and provides numerous details, such as dates, times, locations, and witness names.
The prosecutor will typically:
After an arrest, the police officer specifies the crime or crimes that made the basis for the arrest. Officers may recommend that the prosecution file additional charges, too. But prosecutors get to make the ultimate decision on what the charges will be.
A defendant typically learns what the formal charges will be at the first court appearance. But prosecutors' initial charges are subject to change. For example, a prosecutor might not make a final decision on what charges to file until after a preliminary hearing, which may take place more than a month after arrest.
Typically, if the prosecutor decides to file a felony complaint rather than present the case to a grand jury, the defendant is entitled to a preliminary hearing. At that hearing, the prosecutor must show that the state has enough evidence of the defendant's guilt to warrant a trial.
But normally, if the case proceeds by grand jury indictment, no preliminary hearing need be held.
For much more on this stage of a case, see our section on Preliminary Hearings.
If a felony is involved, prosecutors sometimes leave it to grand juries to decide whether charges should be filed. Grand juries are similar to regular trial juries (called "petit juries") in that they are made up of randomly selected individuals. The grand jurors listen to evidence and decide whether charges should be brought against an individual—that is, they decide whether to indict someone.
Unlike petit juries, which sit on only one case, grand juries may address many cases in the course of their service. In fact, serving on a grand jury can mean a time commitment of six months or longer.
Here are other ways grand juries are different:
When a prosecutor brings a case to a grand jury, she presents the jurors with a "bill" (the charges) and introduces evidence—usually the minimum necessary, in the prosecutor's opinion—to secure an indictment. The proceedings are typically secret; it is standard practice to call witnesses to testify against the suspect without the suspect or the suspect's lawyer present. But, depending on state law, indicted suspects might later be able to get transcripts or recordings of grand jury proceedings. (The availability of a transcript is a big reason why prosecutors like to keep the evidence to the minimum.)
Although prosecutors can also call suspects as witnesses, they typically don't. When suspects are called, they often refuse to testify by invoking their privilege against self-incrimination under the Fifth Amendment to the U.S. Constitution.
The general process for initiating criminal charges against an accused is as follows:
Each step of the criminal process may vary slightly among jurisdictions.
Prosecution of a violation of criminal law is carried out in an Article III court (judicial branch court).
Article I courts (administrative courts) do not prosecute violations of criminal law.
An arrest is the first step of the prosecutorial process. It involves the physical detention of an individual. If the defendant is an organization, the arrest may be carried out through injunctions against continued business operations. The arrest takes place pursuant to some form of legal authority. This may include the arresting individual witnessing criminal activity or pursuant to an arrest warrant.
Once an individual is arrested, she has a right to be informed of the charges against her. As such, the defendant must go before a judicial officer within a statutory period (generally 72 hours) to receive notice of the charges.
To bring formal charges against someone, the case is handed over to the prosecuting officer of the court.
The prosecuting attorney may have any number of titles (solicitor, district attorney, etc.).
This prosecuting officer orchestrates the process for bringing charges against a defendant in the name of the people of that jurisdiction.
For example, the charges may read, US v. John Smith or State of Georgia v. John Smith.
The Prosecutor has the decision-making authority to bringing charges against the defendant in a misdemeanor case. A prosecutor must file an information with the court to begin prosecution of a misdemeanor.
The prosecutor must submit the matter to a grand jury to bring felony charges against a defendant.
The grand jury decides to bring felony charges against a defendant, this is known as handing down an indictment.
The arraignment is the first appearance by the defendant before the court to answer the criminal charges.
At the arraignment, the court will review the defendants rights and accept the defendants plea. The plea will either be:
If the defendant pleads guilty (or no contest), the court will set a trial date for sentencing. If the defendant pleads not guilty, the court will set the matter for trial.
To convict a defendant of a crime, the Government bears the burden of proof and the burden of persuasion.
The burden of proof means that the Government must demonstrate sufficient evidence to demonstrate each element of the charged offense.
The burden of persuasion means that evidence must be sufficient to convince a jury that the defendant is guilty beyond a reasonable doubt.
