A criminal case is where the government prosecutes an individual for breaking the law. The prosecution is handled by the district attorney for each district. In a criminal case, the prosecutor is charged with proving that a crime was committed and that the defendant committed the offense. Criminal cases can be categorized as either felonies or misdemeanors. A felony is a more serious crime and has different penalties than a misdemeanor.
A person can be arrested and charged with a crime after a police investigation or by a citizen’s complaint. In a felony case, a preliminary hearing is conducted before a magistrate judge where the prosecutor presents any evidence he/she has to show that probable cause exists that the defendant committed the offense. If the judge finds probable cause, he/she will issue a warrant for the arrest of the defendant or a summons requiring him/her to appear at a court date.
If the defendant requests a jury trial, on the day of the trial, both the prosecutor and defense attorney conduct voir dire which is the process of questioning potential jurors to select the jurors for the trial. Each side is allowed to strike a certain number of potential jurors.
Once the trial is over, if the defendant has not already entered a plea, the judge will decide on a sentence. The judge will follow sentencing laws and may order the defendant to pay fines, restitution to victims and/or jail time. Defendants who are found guilty of crimes can also be ordered to do community service.
About the Author
