A criminal case begins with a crime being witnessed, reported, or investigated by law enforcement. Victims and witnesses can fill out a police report, but this isn’t the same thing as filing criminal charges. It also doesn’t guarantee criminal prosecution or a conviction.
Whether a police officer takes the report from a citizen or was a witness themselves, an investigation into the alleged crime is opened. If they believe a crime was committed, an arrest might be made if the accused is not already in custody. Law enforcement will use the investigation to designate what crimes they believe were committed in a report.
If the offender isn’t an adult, they’re usually remanded to a police juvenile unit. Release, diversion, or an intake trial will follow.
The report created by the investigating officer is referred to a prosecuting attorney. There are prosecutors at the municipal, county, state, and federal level.
Prosecutors will review the police report and examine the details of the case. Due to the involvement of criminal activity and potential corporeal punishment, the required burden of proof is higher in criminal cases.
Despite what you’ve heard on TV and in movies, the victim isn’t the one who presses charges. The prosecutor will decide whether or not there’s sufficient evidence to press charges against the accused and, if so, what those charges are. In some instances, the prosecutor can proceed with a case even if the victim doesn’t want to, such as in a domestic violence case.
Prosecutors do not have to bring charges. This is called “prosecutorial discretion.” A prosecutor might not bring charges if they feel the evidence won’t support a conviction. There is also the option of negotiating at this point. Offenders without a criminal record who commit a non-violent offense may be offered diversion instead. This usually involves enrollment in mandatory treatment programs, such as for substance abuse or anger management.
Next up are initial or preliminary hearings for those who were detained since their arrest. These are affected by the severity of the charges and can include determining bail. Felony cases are more serious than misdemeanors and may require a grand jury indictment. While all federal felony charges must go before a grand jury, not all state cases demand the same.
An arraignment is often the first court appearance before a judge for those who were arrested and booked after being served with a summons or citation. Bail may get set during an arraignment or felony charges reduced to a misdemeanor. If a defendant doesn’t have a defense attorney, the court can appoint a public defender.
After being informed of their trial rights, the defendant is given a copy of the criminal complaint against them. The court will explain the charges they’re facing, the probable cause behind them, and whether the defendant understands the criminal charges against them.
The court then asks for the defendant’s plea to the charges: guilty, not guilty, or no contest (nolo contendere). The latter means the defendant accepts a conviction but doesn’t agree they committed a crime. If they enter a “not guilty” plea, either bail is set, they’re released on their own recognizance, or they return to jail until the jury trial begins (in most cases).
A guilty plea is usually part of a deal. Unless it’s been worked out before, the defendant will find out their fate at a sentencing hearing.
A lot can happen before the trial date arrives. Pretrial motions may fly back and forth, including motions to dismiss. A plea bargain deal is possible in which the defendant admits to a lesser charge or they may hold out for an acquittal from either a jury or a bench trial.If you or a loved one is in a bind as a result of a criminal/ civil protection order immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce obligations and can help direct people on how to best deal with their case, and many times even get them dismissed. So, it should go without saying that someone facing a criminal or civil protection order should hire a qualified Seattle Criminal Lawyer as soon as possible. Protection orders can cause havoc on a person’s personal and professional life. Anyone facing a protection order in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
