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Criminal Trial Process

What is the criminal trial process?

The criminal trial process usually is a multi step process starting with investigation and ends with sentencing and possibly appeals. Investigation begins with the police investigating a crime with the purpose of collecting evidence to isolate a person of interest and hold up an arrest. A search may be required, but probable cause must be present, probable cause is defined as information indicates that proof of criminality can be located in that area.

After investigation has taken place an arrest of the suspect by law enforcement, which involves the suspect being taken into custody and being held until court. Again probable cause is needed for an arrest to be made.

After an arrest has been made then prosecution begins by a district attorney. The decision to charge a suspect is made by the prosecuting attorney after determining the depth of the evidence and the significance of the crime.

After the prosecutor has determined that the evidence is strong enough they may file information or an indictment by a grand jury may occur. An indictment is required when the prosecutor is prosecuting a capital offense. If a grand jury is to decide whether or not to bring charges, it is in a closed hearing where only the prosecutor is able to bring forth evidence, the defendant has no right to be present or to have representation present. If the prosecutor files information then a preliminary hearing will be held to conclude if the evidence is strong enough to bring about a trial. At this hearing the defendant and his representation may be present to refute the charges.

At the time a trial has been deemed necessary an arraignment is scheduled for the defendant to appear in court to enter a plea of guilty or not guilty. At this time pretrial detention or bail will be set. The bail is money to be paid for the defendant or by the defendant to make sure that they will be present for the trial. Plea bargaining may also happen around this time, a plea bargain is when a person agrees to plead guilty in exchange for a sentence or charge reduction.

A trial then occurs where the prosecutor and a defense attorney are both participating parties, before a judge or jury. For conviction to occur guilt has be proven beyond a reasonable doubt, if doubt is there and based on reason then the accused is able to be acquitted.

If the defendant is found guilty of the crime, the judge then hands down a sentence, based upon the crime. Several types of sentencing are available such as fines, probation, and incarceration. The severity of the sentencing is based upon the severity of the crime. An appeal may be filed in appellate courts and ruled on by appellate judges. If an appeal is in favor of the defendant then the trial goes back to trial court for a retrial. The prosecutor has the option at this time to re-file or drop the charges on the defendant; if the charges are dropped the defendant may still be prosecuted at a later date as long as it falls within the statute of limitations.

What is the definition of a criminal trial

The definition of a criminal trial is a judicial inspection and determination of evidence and legal concerns occurring between parties to a civil or criminal deed.

What are the rights of the defendant in a criminal trial?

Built into the Bill of Rights are certain rights for criminal defendants in a criminal trial. Two major features are the one the assumption that the defendant is innocent until proven guilty and two that the prosecution bears the burden of proof of guilt beyond a reasonable doubt. There are other rights as well; have a public trial, have a speedy trial, have jury trial, remain silent, confront witnesses, be represented by an attorney, and to not be tried twice for the same crime. These are the rights in a criminal trial.

Why would a lawyer request a psychological evaluation during a criminal trial?

It is normal for a lawyer to request a psychological evaluation during a criminal trial. It is usually used in sentencing to reduce the sentence. It is possible the psychological evaluation may show that the accused may not have the mental capacity to have comprehended completely the crime that they committed.

Can criminal trials have a gag order placed or not be open to the public?

A criminal trial is almost always open to the public except in cases involving juveniles and mental health. A gag order is more pertaining to the lawyers not being able to talk about the case outside of court and to the media. To make a trial closed to the public would be a violation of the sixth amendment to a public trial.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2436
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Trial Questions

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  • We are in California and my nineteen year old son side swiped

    We are in California and my nineteen year old son side swiped a car on the road, left the scene, later the other driver caught up with him. He is being charged with a hit and run. We went to his court date and they were charging him with fines, semi-parole, criminal record. We asked for the d.a.'s asst. Then they took my son out in the hallway and told him about a program that started in January that may be able to not have a criminal record, so the court date was rescheduled. Should I get a lawyer?
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    Our museum has a really good volunteer who did a wonderful job working on our collection. But we just learned he's on the sex offender registry for a felony conviction related to underage boys. The museum draws many young boys and we can't have him on board. Besides the temptation to him (I guess) the publicity would be deadly. Is there a point when someone comes off the registry or is it a life sentence?
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