A criminal case is one in which a prosecutor employed by the federal, state or local government charges a person with committing an offense. The charge may be a felony or misdemeanor and can carry jail time, fines, community service or a combination of punishments. A defendant is presumed to be innocent until the government proves to a jury (or to the judge hearing a case without a jury) that they committed the crime. The standard of proof in a criminal trial is higher than that required for a civil case. Generally, if the judge finds that a defendant is guilty of a crime they will be sentenced to prison time, a fine, community service or a combination of punishments.
Usually the first court appearance is called an Initial Appearance and takes place within 48 hours of the arrest. At that hearing, the judge reviews the arrest and post-arrest investigation reports and advises the accused of the charge. The judge will also decide whether the accused should remain in custody and determines whether there is probable cause to believe that the person committed the offense. The judge will also review the ability of the accused to pay any fines and costs that might be imposed. If a person cannot afford an attorney, the court will appoint one for them at this Initial Appearance if they have a sworn financial affidavit showing that they qualify.
The next court appearance is called the arraignment and takes place in 70 days of the filing of an Indictment or Information, but this can be extended on the consent of the judge and agreement of the parties. The client will be read the charge or given a copy and asked to enter a plea at the arraignment. Most people plead not guilty at arraignment. Before the trial begins, the lawyer for the defense will file many pretrial motions and will obtain what is known as discovery. This consists of documents, recordings and statements made by witnesses prior to trial.
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