A Pre-sentence investigation is conducted by Probation and Parole. The Judge can also order a Pre-Sentence Investigation (PSI). If a defendant is found guilty by a judge or jury, he/she will be sentenced by the Judge. The jury then decides if the defendant is “guilty” or “not guilty”. A trial consists of opening statements, testimony, evidence and closing arguments. There are usually several cases set for trial on the same day or in the same week. If the Judge does not find probable cause then the defendant will be released from his/her bond obligation. Usually an officer will testify as to why the defendant was arrested. This hearing is when the Judge determines whether or not probably cause exists in the case. A common motion in criminal cases is a Preliminary Examination. A motion is a written or verbal request from the attorney, for the Judge to issue a ruling or an order. In a criminal case, one or more pre-trial motion hearings may be scheduled. Most defendants plead “not guilty” and pre-trial motions are scheduled. The defendant has the opportunity to hire an attorney or is appointed an attorney by the public defender’s office. At an arraignment, the defendant pleads either “guilty” or “not guilty”. If it is determined that the evidence is sufficient on which to base a prosecution, then formal charges will be filed against the defendant.Īfter formal charges are filed, the defendant will be arraigned. Once the investigation is completed, all of the information is forwarded to the District Attorney’s Office.Īn Assistant District Attorney will review all of the information. STEPS IN THE PROSECUTION OF A CRIMINAL CASE:Īfter an arrest, the police prepare a written report of the incident, collect evidence, take statements, etc.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |