Did you think being arrested is the most horrible thing you can experience? Well, being a defendant in a criminal case is equally horrible but because it happens over a long period of time, it can be even worse and has long term impacts on your mental and physical health.
Criminal court is a part of the judicial system where cases involving individuals or entities accused of committing crimes are heard and decided. In criminal court, the government (usually represented by a prosecutor) brings charges against a defendant, who is the person accused of the crime. The main purpose of criminal court is supposed to be to determine whether the defendant is guilty of the crime they have been charged with and, if so, to impose an appropriate punishment.
This is a very basic overview of what to expect and typical timelines for a criminal court proceeding. Your best recommendation is ALWAYS to speak to a lawyer before engaging in discussions with police or prosecutors. If you cannot afford an attorney the court is OBLIGATED to make a pro bono attorney assignment in the form of a public defender.
Criminal court interventions on poverty or survival crimes often exacerbate existing inequalities and fail to address the root causes of these behaviors. Many laws disproportionately target actions taken out of necessity, such as loitering, petty theft, or survival sex work, leading to the criminalization of poverty. This not only burdens an already overburdened legal system but also diverts resources away from more serious offenses. Individuals facing charges related to survival crimes frequently lack the financial means to secure adequate legal representation, resulting in harsher sentences or wrongful convictions.
Moreover, the stigma associated with being arrested for such offenses further marginalizes individuals, limiting their access to many institutional or societal constructs such as employment and housing.
The financial burdens of fines, court fees, and bail can trap them in a cycle of debt and instability, making it difficult to break free from the circumstances that led to their arrest. Ultimately, these interventions often do more harm than good, perpetuating cycles of poverty and recidivism rather than providing the support and resources needed to foster rehabilitation and address underlying social issues.
The Players
The Judge
In a criminal case, the judge serves as the impartial overseer of the legal proceedings, ensuring that the trial adheres to established laws and procedures. Their responsibilities include maintaining order in the courtroom, ruling on legal motions presented by both the prosecution and defense, and providing the jury with instructions on how to interpret the law and evaluate evidence. The judge plays a crucial role in safeguarding the rights of the defendant, ensuring a fair trial, and addressing any issues that arise during the proceedings. If the defendant is found guilty, the judge determines the appropriate sentence, taking into account various factors such as the severity of the crime and the defendant’s history. Ultimately, the judge’s role is pivotal in upholding the integrity of the judicial system and ensuring that justice is served.
The Prosecuting Attorney
The Prosecutors serve as the government’s representative, responsible for presenting evidence and arguments against the defendant to prove their guilt beyond a reasonable doubt. Their primary role is to seek justice rather than merely secure convictions, which involves conducting thorough investigations, gathering evidence, and determining the appropriate charges to bring against the accused. The prosecutor must ensure that the rights of the defendant are respected throughout the legal process while also advocating for the interests of the victim and the community. During the trial, the prosecutor presents witnesses, cross-examines the defense’s witnesses, and delivers opening and closing statements to persuade the judge or jury of the defendant’s guilt. Additionally, the prosecutor may engage in plea negotiations, where they discuss potential agreements with the defense to resolve the case without going to trial.
The Defense Attorney
The defense attorney plays a critical role in representing the accused and protecting their legal rights throughout the judicial process. Their primary responsibility is to provide a robust defense by analyzing the evidence, developing legal strategies, and advocating for the defendant's interests. This includes advising the defendant on their rights, potential plea agreements, and the implications of various legal choices. During the trial, the defense attorney presents evidence, calls witnesses, and cross-examines the prosecution’s witnesses to challenge the evidence and raise reasonable doubt about the defendant’s guilt. They also make opening and closing statements to frame the case in favor of the defendant. Beyond the courtroom, the defense attorney may negotiate with the prosecution for plea deals or lesser charges, ensuring that the defendant receives fair treatment under the law.
What is the Difference between Public Defenders and Private Attorneys?
The primary difference between a public defender and a private attorney lies in how they are appointed and compensated. A public defender is a lawyer provided by the government to represent individuals who cannot afford to hire a private attorney. They are typically assigned by the court and are paid by the state. Public defenders handle a high volume of cases, which can sometimes limit the amount of time and resources they can dedicate to each client. On the other hand, a private attorney is hired directly by an individual, who pays for their services out of pocket or through another form of private funding. Private attorneys often have the flexibility to manage fewer cases, allowing them to devote more time and attention to each client. While both public defenders and private attorneys are licensed professionals with the same legal qualifications, the choice between them can significantly impact the nature of legal representation.
The Defendant
In a criminal case, the defendant is the individual accused of committing a crime and plays a crucial role in the legal proceedings. Their primary responsibility is to engage actively in their defense, which involves understanding the charges against them, participating in discussions with their attorney, and making informed decisions about their case. The defendant has the right to remain silent, protecting them from self-incrimination, but they may choose to testify in their defense if they believe it will benefit their case. Throughout the trial, the defendant must adhere to courtroom procedures and behave appropriately, as their demeanor can influence the perceptions of the judge and jury. Additionally, the defendant has the right to challenge the evidence presented by the prosecution, present witnesses, and contribute to the overall strategy of their defense.
The Victim
The victim, if there is one, plays an important role as the individual who has suffered harm due to the alleged criminal act. While the primary focus of the proceedings is on the defendant and their guilt or innocence, the victim’s experiences and testimony can significantly influence the case. The victim may be called to provide statements or testify about the impact of the crime on their life, which can help establish the severity of the offense and inform the court about the emotional, physical, and financial repercussions they have endured. Victims often have the right to be informed about the progress of the case, attend court hearings, and submit victim impact statements during sentencing to express how the crime has affected them. Additionally, they may be eligible for certain rights and protections under victims' rights laws, which aim to ensure their dignity and safety throughout the legal process.
The Arresting Officer
The arresting officer plays a crucial role as the law enforcement official responsible for apprehending the suspect and initiating the legal process. Their primary responsibility is to ensure that the arrest is conducted lawfully and that the rights of the individual are respected throughout the process. This involves gathering evidence, conducting interviews, and documenting the circumstances leading to the arrest, which can be critical for the prosecution's case. The arresting officer must also complete the necessary paperwork, including arrest reports and incident reports, detailing the facts surrounding the arrest and any evidence collected. Their testimony may be required during the trial to establish the legality of the arrest and the circumstances that led to it. Additionally, the arresting officer may collaborate with prosecutors and investigators to provide further context and support for the charges against the defendant.
The Process
The processes in a criminal court involve several key stages, each designed to ensure due process and fairness in the legal proceedings. Initially, after an arrest, the defendant is brought before the court for an arraignment, where they are formally charged and asked to enter a plea. Following the arraignment, a preliminary hearing may take place to determine if there is enough evidence to proceed to trial. If the case moves forward, the next step is often discovery, during which both the prosecution and defense exchange evidence and witness lists. As the trial approaches, pre-trial motions can be filed to address various legal issues, such as the admissibility of evidence. During the trial, both sides present their cases, including opening statements, witness testimonies, and closing arguments, before a judge or jury makes a determination of guilt or innocence. If the defendant is found guilty, the court then moves to the sentencing phase, where the judge determines the appropriate punishment based on various factors, including the severity of the crime and the defendant's criminal history.
Key Stages
Arrest and Booking is only the first step in a criminal court proceeding and the typical criminal case takes about 9 months to a year to get from an arrest to a sentencing without a trial. A criminal justice process that includes a trial can take many years to come to a close.
Initial Appearance AKA First Appearance: The defendant is brought before a judge, usually within 48 hours, to be informed of the charges against them and to discuss bail or release conditions.
This typically takes place 5 or 6 weeks after arrest.
You will not plead guilty or not guilty during this proceeding
3. Arraignment: The defendant formally enters a plea (guilty, not guilty, or no contest) during a court hearing, where they are informed of their rights and the charges they face.
This hearing typically takes place between 4 and 6 weeks after the First Appearance.
You can plead guilty, not guilty or no contest at this hearing
4. Discovery: Both the prosecution and defense exchange evidence and information related to the case, allowing both sides to prepare for trial. Discovery in a criminal court proceeding is the process by which both the defense and the prosecution exchange information and evidence that is relevant to the case. Discovery ensures that both sides have access to ALL of the evidence that will be presented in court, promoting fairness and transparency in the legal process.
Discovery typically includes the sharing of police reports, witness statements, forensic evidence, and any other material that might be used to support or refute the charges.
The defense has the right to review the evidence the prosecution intends to use at trial, which allows them to prepare an effective defense. Similarly, the prosecution may request information from the defense, particularly if the defense plans to introduce specific evidence or call certain witnesses.
5. Pre-Trial Motions: Either party can file “motions” to address legal issues and is essentially the defendant, their attorney or the prosecution to make a request to the judge.
They can happen more than once - no limit on number of motions
They can have a lot of different reasons for filing pre-trial motions
Use wisely as “pest” motions are irritating to the judge
6. Pre-Trial Motion Hearings: Once a motion has been made, the court will schedule hearings held to address various legal issues before trial, such as motions to suppress evidence, change venue, or dismiss charges. The judge decides on these motions based on arguments from both sides. There are many different types of motions and motion hearings but here are a few categories that you will likely encounter during a criminal justice process.
Preliminary Hearing: A hearing is held to determine if there is sufficient evidence to proceed to trial. If the evidence is deemed adequate, the case moves forward.
Bond or Bond Reduction Hearing: A bond or bond reduction hearing the court to assign as bond amount or lower the amount of bail required for their release from custody before trial.
The defense may argue that the initial bond amount is excessively high and that a lower amount would still guarantee the defendant's appearance in court without imposing an undue financial burden. The defense may present evidence of the defendant's ties to the community, such as family relationships, employment, or a lack of criminal history, to support the request.
The prosecution, on the other hand, may argue against reducing the bond, citing factors such as the seriousness of the crime, the defendant’s criminal record, or any perceived flight risk.
Motion to Dismiss: A motion to dismiss, which requests the court to terminate some or all charges against the defendant, often based on insufficient evidence or legal grounds
Suppression Hearing: A specific type of pre-trial motion hearing focused on whether certain evidence should be excluded from trial, often due to violations of the defendant’s rights during the arrest or investigation.
Change of Venue: A motion for change of venue asks for the trial to be moved to a different location to ensure a fair trial, typically due to pretrial publicity or concerns about impartiality.
Motion for Continuance: A motion for a continuance requests a delay in the proceedings, allowing more time for preparation.
Sentencing Hearing: If the defendant is found guilty, a separate hearing is held to determine the appropriate punishment. The judge considers various factors, including the crime's severity and the defendant's criminal history.
Probation Violation Hearing: If a defendant on probation is accused of violating the terms of their probation, this hearing determines whether the violation occurred and what consequences may follow.
Plea Hearing: The plea hearing is a crucial step in the criminal justice process, as it determines the course of the legal proceedings. It also provides an opportunity for plea negotiations between the defense and prosecution, which can result in a plea bargain—an agreement where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or other considerations.
A plea bargain is an agreement in a criminal case between the defendant and the prosecution, where the defendant agrees to plead guilty or no contest to one or more charges in exchange for certain concessions from the prosecutor. These concessions might include reducing the severity of the charges, dropping some of the charges, or recommending a more lenient sentence to the court. Plea bargains are often used to avoid the time, expense, and uncertainty of a trial. For the defendant, a plea bargain can result in a lighter sentence or a quicker resolution of their case. For the prosecution, it ensures a conviction and allows them to manage their caseload more efficiently. However, by accepting a plea bargain, the defendant waives their right to a trial and any potential defense they might have presented in court.
More than 97% of criminal cases in the United States are negotiated by the use of plea bargains and not by a trial.
7. Trial: The main hearing where both the prosecution and defense present their cases, including witness testimonies, evidence, and arguments. The judge or jury ultimately renders a verdict.
The trial involves the presentation of evidence, witness testimony, and arguments from both sides. The judge or jury ultimately decides the defendant's guilt or innocence.
A trial can have a jury between 6 and 12 people OR can be adjudicated by the judge.
Verdict: After the trial, a verdict is reached. If the defendant is found guilty, the court moves to the sentencing phase.
8. Pre-Sentence Report - A pre-sentence report is a comprehensive document prepared by a probation officer or a designated court official, designed to assist the judge in determining an appropriate sentence for a defendant.
This report includes detailed information about the defendant’s personal background, such as family history, education, employment, and health, as well as a record of any prior criminal activity.
This report also outlines the circumstances surrounding the offense, offering insight into any factors that may mitigate or aggravate the crime.
The probation officer often includes a sentencing recommendation based on their assessment of the defendant's character, the nature of the offense, and the likelihood of reoffending.
9. Sentencing: The judge determines the appropriate punishment for the defendant based on the crime's severity, prior criminal history, and other factors.
10 Appeal: If the defendant believes there were legal errors during the trial, they may file an appeal to challenge the conviction or sentence in a higher court.
The Criminal Justice Process can have long-term impacts on a person's mental, physical, and financial health, as well as their overall sense of well-being. It can be overwhelming, and as quick and traumatic as the arrest and booking process was, it is nothing compared to the prolonged and often grueling experience that follows. The uncertainty of legal outcomes, the stress of navigating the court system, and the stigma of being involved in criminal proceedings can lead to significant emotional and psychological strain. Financially, the costs of legal representation, court fees, and potential loss of income due to incarceration or legal battles can be devastating. Physically, the stress can manifest in a variety of health issues, including anxiety, depression, and other stress-related conditions.
The extended nature of the process, with its repeated court appearances, possible incarceration, and the long wait for a resolution, can leave individuals feeling isolated, hopeless, and overwhelmed, making it difficult to rebuild their lives even after the legal matters are resolved.
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