The criminal process starts with someone being arrested with probable cause they have committed a criminal offense. Next, they’re booked in a police station. Next, the matters are switched to the prosecutor.
A prosecutor will file charges if they believes there’s enough evidence. If there’s, the defendant can make their very first before the court. The judge will state him of his legal rights and expenses.
The next thing is the prosecutor will submit the allegations towards the grand jury to have an indictment. Indictments are largely effective in becoming acquired. Later on, the defendant may have an arraignment to plead guilty or otherwise guilty. When the defendant pleads not liable, the situation goes to trial. The defendant has careful analysis a jury trial or perhaps a bench trial. Normally the defendant will want to be attempted before a jury.
The defense counsel and prosecutor will begin what’s known as discovery. Discovery may be the assortment of evidence along with other information to organize legal strategy and also the situation the lawyers will show at trial. Typically, the prosecutor’s evidence should be freely given to the defendant’s counsel. However, this rule doesn’t work the other way round.
The defendant includes a fifth to remain silent – even at his very own trial. This silence isn’t to become construed as any kind of guilt through the jury. When each side rest there situation, the jury will deliberate and are available back having a verdict. When the defendant is guilty, the next thing would be the sentencing of punishment.