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A criminal case is a type of court proceeding in which a prosecutor employed by the federal, state, or local government charges a person with the commission of a crime. Criminal cases generally begin after the person is arrested and informed of their charges, usually at a hearing known as an indictment. In criminal cases, the defendant is ...
Nov 6, 2023 · Non-violent crimes: This includes drug crimes, driving under the influence (“DUI”), and some gun possession crimes (e.g., possession by a felon) Crimes against property: For example, larceny, burglary, embezzlement, false pretenses, and petty theft. Most criminal cases are tried by a judge in the presence of a jury and may result in ...
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Aug 12, 2023 · Criminal Law Cases Outline. While statutes and regulations define many crimes, understanding the nuances of criminal law also requires exploring cases that have interpreted common-law, statutory, and constitutional principles. Among other things, courts have helped shape the criminal justice system, outline what the prosecution must prove to ...
Dec 14, 2014 · A criminal law attorney is one who specializes in criminal defense, and has experience in dealing with the prosecutor’s office, as well as in criminal trials. A criminal law attorney may handle a wide spectrum of criminal case types, such as theft , fraud , and embezzlement , as well as DUI, drug crimes, violent crimes, and sex crimes.
Criminal law, as distinguished from civil law, is a system of laws concerned with crimes and the punishment of individuals who commit crimes. Thus, where in a civil case two parties dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission.
- Arrest
- Bail
- Arraignment
- Indictment Or Information
- Preliminary Hearings and Pre-Trial Motions
- Trial
- Sentencing
- Appeal
Criminal cases usually begin with the defendant’s arrest by police. This may occur after police respond to a call or during a traffic stop, or when police identify a suspect during an investigation. Some jurisdictions require police to obtain an arrest warrant in many circumstances.
Once a person is in police custody, a magistrate or other judge may grant bail. In determining the amount of bail, a judge may consider factors like the severity of the alleged offense and the likelihood that the person would return to court throughout the case. A judge may order a person held without bail if the circumstances weigh substantially a...
A defendant’s first court appearance is known as the arraignment. At this appearance, the defendant has the right to have the charges against him or her read by the judge. This is also often the time when the defendant may plead “guilty,” “not guilty,” or “no contest.” The court may set dates for future proceedings and deadlines for motions and oth...
Prosecutors may bring formal charges in any of several different ways, depending on the jurisdiction. They may file an information or complaint, or they may seek a grand jury indictment. Federal charges require an indictment. Grand jury proceedings are typically not open to the public, and only the state may present evidence. A preliminary hearing ...
Most criminal cases involve a period of time during which each side prepares its case while also negotiating a possible plea. Either side may also bring motions seeking to dispose of certain issues before trial. A defendant might bring motions to suppress evidence obtained in violation of his or her rights, which may be inadmissible under the exclu...
A defendant has the right to a trial by juryin federal criminal cases, as well as many state proceedings. They can waive jury trial and have a bench trial, in which case the judge will decide both questions of law and fact. The state presents its case first, followed by the defendant. At the close of evidence, the jury deliberates and renders a ver...
If the judge or jury finds the defendant guilty, the court will determine the punishment. Federal sentencing guidelines and similar state guidelines often define minimum and maximum sentences and identify factors the court may consider. The court may hold a separate sentencing hearing, at which the state may present evidence in support of a harsh s...
A defendant may request review of his or her conviction by an appellate court. An appeal must allege specific errors or abuses of discretion by the trial court. The appellate court may affirm the conviction, reverse it, or remand the case for retrial. Last reviewed October 2023
Criminal prosecution develops in a series of stages, beginning with an arrest and ending at a point before, during or after trial. The majority of criminal cases terminate when a criminal defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or ...
