How Do Criminal Cases Begin?
Criminal cases begin with the initial act of a person allegedly breaking a law, which continues through arrest, indictment and then the court trial. While the federal and state criminal judicial processes differ, similarities exist between them.
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Booking
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When a police officer arrests a suspect, she books him at the police station. She records the facts about the arrest. The suspect then appears before a judicial official who will decide the next course of action, called an indictment. He decides whether to charge the suspect with a crime or release him.
Formal Trial
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During an initial hearing, the accused may make a plea bargain for sentencing or maintain his innocence. If he chooses the latter, a formal trial could begin. Up until the time of the trial or even after it starts, the acccused can enter a plea. Throughout the criminal justice process, the accused is presumed innocent until proved guilty by entering a plea or being convicted by a jury.
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Opening Statements
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After jury selection, trials begin with the prosecution making an opening statement and the defense choosing to respond with its own if they choose. Opening statements give the judge or jury an outline of the case material, evidence, witnesses and objectives of both sides to familiarize them with the proceedings.
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