Steps in the Criminal Case

Question 1

What is the first step after the investigation process?

Answer 1

Decision to charge

Question 2

What happens in the decision to charge

Answer 2

An officer will likely review the charge and if agrees, will file charges with the magistrate. However, in a jurisdiction that requires a pre-prosecutorial review, the prosecutor makes the decision to charge and if agrees files charges.

Question 3

What happens after the decision to charge?

Answer 3

Filing the complaint or grand jury review for felonies if in a grand jury jurisdiction bc a complaint is not filed in grand jury jurisdictions, instead an indictment is filed.

Question 4

What does a complaint contain?

Answer 4

1. alleged crime
2. time and place of crime
3. particular acts constituting a violation of a criminal statute
4. Signature of victim (complainant) or officer and if officer did not witness will state based on information and belief.

Question 5

When does a person become a defendant?

Answer 5

with the filing of the complaint or grand jury indictment

Question 6

What occurs after filing the complaint?

Answer 6

Magistrate review

Question 7

When does a magistrate review occur and under what circumstances?

Answer 7

1. occurs after the complaint is filed.
2. occurs when accused is arrested without a warrant and
3. remains in custody, so magistrate must determine that probable cause exists for charge in the complaint
4. Ex-parte, initial procedure and
5. is not necessary when arrested with a warrant or was indicted by a grand jury because in these cases another person has determined probable cause already.

Question 8

When does a first appearance occur?

Answer 8

1. after a magistrate review or after the complaint if person was arrested with a warrant; it does not occur in grand jury jurisdictions for a felony
2. It must occur within 48 hours of an arrest

Question 9

What happens at the first appearance?

Answer 9

A magistrate will:

1. Inform the defendant of the charges against him
2. Inform the defendant of his rights like right to remain silent and the next step in criminal process
3. Inform defendant of his right to counsel (if applicable) and
4. Make pretrial release decision for the defendant about bail and or release.
5. This step does not occur if in a grand jury jurisdiction.

Question 10

When does a preliminary Hearing occur?

Answer 10

It occurs after the first appearance

Question 11

What happens after a first appearance?

Answer 11

A preliminary hearing

Question 12

Whaat happens at a preliminary hearing?

Answer 12

1. First adversarial procedure between a prosecutor and defense about whether probable cause exists, thus both sides must be present
2. This step does not occur if in a grand jury jurisdiction.
3. A neutral party, usually a magistrate judge, will review the decision to charge,
4. unlike a magistrate review, both sides are present for this and it is not ex-parte
5. Magistrate must determine whether evidence presented provides probable cause, and
6. If so, the case is “bound over” to the general trial court

Question 13

What occurs after the preliminary review?

Answer 13

The prosecutor “files information) or is called the filing of information.

Question 14

What happens after the filing of information or filing of an indictment

Answer 14

The arraignment

Question 15

What is the last step in the criminal process?

Answer 15

The arraignment

Question 16

When does a Grand Jury Review occur?

Answer 16

In grand jury jurisdictions, it occurs after the decision to charge. It replaces review by filing of complaint, review by magistrate (ex-parte), first appearance, and preliminary hearing.

Question 17

What is a grand jury review?

Answer 17

1. Occurs for felonies in grand jury (indictment) jurisdictions.
2. a grand jury is empaneled to make a determination of whether there is sufficient evidence to justify trial on charges sought by prosecution and panel sits typically for several months.

Question 18

What happens at a grand jury review?

Answer 18

Grand jury:

1. meets in a closed session
2. hears only evidence presented by the prosecution
3. provides the defendant no right to offer his own evidence and defendant cannot be present during the proceeding.

Question 19

when does the arraignment occur?

Answer 19

After the filing of an indictment by grand jury or filing of information by prosecutor

Question 20

When does the filing of na indictment or filing of information occur?

Answer 20

filing of indictment occurs after grand jury review and filing of information occurs after a preliminary hearing and both occur before the arraignment.

Question 21

What is the filing of an indictment?

Answer 21

The indictment is filed with the general trial court, and replaces the complaint as the accusatory instrument in the case

Question 22

What is the filing of information?

Answer 22

The filing of information is a charging instrument that replaces the complaint and is filed by the prosecutor.