—
This content is for informational purposes only and is not intended to provide legal advice.
Even after a defendant is arrested and charged with a crime, their case is not over. The case must follow a lengthy process from arraignment to the case’s final disposition. Every state has its laws and procedures related to criminal charges.
Each jurisdiction has slightly different approaches, but some general rules apply in most cases. Knowing these details can help you understand what will happen next if you’re arrested and charged with a crime.
Arraignment
Arraignment is the first court appearance in criminal cases. During the arraignment, the judge will read the charges against the defendant, and the defendant will be asked to enter a plea. The defendant may be offered a plea bargain at this time. If a plea bargain is presented, the defendant’s attorney will negotiate the terms of the deal with the prosecutor.
The court will set a trial date if no plea bargain is offered and the defendant pleads not guilty. Depending on the crime, the judge may order the defendant to be held in custody or set a bond amount.
If you are accused of a crime, you will be given a court date and time for the arraignment. You must show up on time and in the right court. If you miss the arraignment, you may be arrested and charged with a new crime.
Prosecutor’s Decision
After charges are filed, the prosecutor may decide to drop the charges. This is rare and only happens in extreme cases. The prosecutor will often amend the charges and file a new complaint.
This may occur if the prosecutor makes a mistake in the original charges. The prosecutor may amend the costs if they believe they can get a better conviction if they charge a different crime.
The prosecutor will notify you if a new complaint is filed, and the case will be reset for a new court date. If the prosecutor believes you are guilty of the crime charged, they will ask the judge for permission to proceed with a criminal trial. If the judge agrees, the prosecutor will schedule the trial date. Plea bargain negotiations rarely influence the prosecutor’s decision.
Initial Court Appearance
The court will set a bond amount if the judge decides to hold the defendant in custody. The defendant can post the bond, get released on their recognizance, or remain in custody at the judge’s discretion.
If the defendant is released with a bond, the court will set a date for a status conference. The criminal defense attorney can ask the judge to lower the bond amount at this initial hearing.
Discovery Process
After the initial court appearance, both parties begin the discovery process. The discovery process is when each party identifies and shares evidence and information.
The prosecutor will identify any evidence they have against you, including witness names and statements. You will be asked to identify any evidence you have and to provide a witness list. Discovery also includes information about expert witnesses and any motion hearings you want to request.
Motion Hearing
If you decide to raise any objections to the prosecution’s evidence or procedures, you must do so within a specified time frame. You can file a motion to exclude certain pieces of evidence or a motion to dismiss the charges. The judge will set a time for you to make a motion.
When you appear in court to make a motion, the judge will ask you to state your reasons for the motion and allow the prosecutor to respond. A motion can be made at any time during the case.
A motion can be made before or after discovery. If a motion is made before discovery, the judge will decide if the motion can be granted based only on the information provided by the parties in the case.
Trial
After discovery is completed, the prosecutor will decide if they want to proceed with the trial. If the prosecutor decides to proceed to trial, they will set a trial date. If the case goes to trial, the discovery is reopened, and both parties will review the evidence again. At this time, both parties will decide if they want to add more evidence to the case.
At trial, both the prosecutor and the defense attorney may choose to add witnesses to the case. Both parties will have the opportunity to present their evidence and ask questions of the witnesses.
At the end of the trial, it will be decided if the defendant is guilty or not guilty. The judge will make a ruling and set a date for sentencing. The judge may select a date for probation violation hearings if the defendant is found guilty.
Contact a Lawyer for Help
After a criminal case has been tried and closed, you may be entitled to certain rights. You can use the expungement or sealing process to seal criminal records. You can use the record destruction process to destroy criminal records. Contact a lawyer to explore your options.
—
