Stages of a Criminal Case
Crime is committed/reported
Investigation by Law Enforcement (Reports are submitted by law enforcement, and the County Attorney issues a summons or warrant.)
Suspect Located and/or Arrested
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When the most severe charge is a FELONY
First Appearance
The defendant is informed of the charges, an attorney is appointed, and a date is set for a preliminary hearing. No evidence is presented.
Preliminary Hearing
The State presents evidence to establish "probable cause" that the defendant committed a felony. If the court finds sufficient evidence, the defendant is bound over for trial; if the court does not find sufficient evidence, the defendant goes to trial for any misdemeanor charges. Subpoenas are issued for this hearing.
Arraignment
This is basically another first appearance, but counsel has already been appointed. The defendant will either enter a plea of guilty and the case proceeds to sentencing, or he/she will enter a plea of not guilty and a trial date is set. No evidence is presented.
Trial
The trial can be heard by either the Judge or a jury. In a felony case 12 jurors are called; in a misdemeanor case 6 jurors are called. All victims and witnesses may be subpoenaed to testify.
Sentencing
Victims are notified of the sentencing date and encouraged to fill out a Victim Impact Statement prior to sentencing. The Judge will take the victim's comments into consideration at sentencing. Each victim has the right to address the court in person at sentencing.
When the most severe charge is MISDEMEANOR
First Appearance/Arraignment
The defendant is informed of the charges, and a date is set for trial. The defendant may choose to enter a plea of guilty at this time, and the case would proceed to sentencing. No evidence is presented.
Trial
The trial can be heard by either the Judge or a jury. In a midemeanor case 6 jurors are called. All victims and witnesses will be subpoenaed to testify.
Sentencing
Victims are notified of the sentencing date and encouraged to fill out a Victim Impact Statement prior to sentencing. The Judge will take the victim's comments into consideration at sentencing. Each victim has the right to address the court in person at sentencing.