A criminal case is when a person, usually the accused, has committed a crime. The state or the people file the charges against the accused person in court as a representative of society because the crime was against everyone, not just the individual victim.
The police investigate the crime and gather evidence. Depending on the location and type of crime, this could be done by a city or county police department, the sheriff’s office, or the state police. The investigation could include interviews with the accused person and other witnesses. The prosecutor will look at the evidence to decide whether the accused has a case to answer.
An arraignment is where the judge reads the charges against the accused and tells them what their rights are. If the accused does not have a lawyer they can ask for one at this time. The judge will then have the accused fill out a financial affidavit to see if they qualify for a free lawyer, called assigned counsel.
If the case is not settled with a plea bargain at this point the judge will order a prelim or probable cause hearing. This is where the judge will hear the evidence to determine if there is enough proof that the defendant committed the crime to proceed to trial. The burden of proof is higher at this hearing.
If there is a trial, the jury will listen to the evidence and discuss the case (deliberate) to decide whether the accused has committed the crime. The jury will then reach a verdict (decide whether the defendant is guilty). The judge will sentence the defendant if they are found guilty.
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