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Criminal Process

Introduction

Criminal cases are not resolved all at once. They move through a defined legal process.

From the moment law enforcement initiates contact through final resolution, criminal cases proceed in stages governed by constitutional protections, statutes, court rules, and local practice. Each stage serves a specific function and carries different legal consequences.

Understanding the criminal process is essential to understanding criminal defense.

How Criminal Cases Begin

Criminal cases may begin in different ways depending on the circumstances.

Some cases start with immediate arrest. Others begin with a citation or summons issued after an investigation. In some situations, charges are filed days or weeks after the underlying conduct. How a case begins affects custody status, early leverage, and court scheduling.

How a case begins affects early leverage, custody status, and court scheduling. These distinctions are addressed throughout Arrests and Charges.

Bail, Bond, and Release Conditions

Once charges are filed, the court determines whether a person will remain in custody or be released pending further proceedings.

Bond decisions consider statutory factors such as flight risk, public safety, and prior history. Courts may impose conditions of release that restrict travel, contact, or conduct while a case is pending. These decisions often affect employment, housing, and the ability to participate meaningfully in the defense.

This stage of the process is addressed in Bail and Bond.

Arraignment and Initial Court Proceedings

Arraignment is the first formal court appearance.

At arraignment, charges are read, rights are explained, and pleas are entered. In many cases, bond is reviewed or modified. Although arraignment may appear procedural, statements and decisions made at this stage can have lasting consequences.

This phase is explained in Arraignment.

Pretrial Conferences and Case Management

After arraignment, cases move into the pretrial phase.

Courts use pretrial conferences to manage scheduling, address preliminary issues, and set expectations for discovery and motion practice. These conferences often determine how actively a case will be litigated and how quickly it will proceed.

Pretrial structure and scheduling are discussed in Pretrial Conferences.

Discovery and Evidence Exchange

Discovery is the formal exchange of information between the prosecution and the defense.

This includes police reports, witness statements, recordings, forensic testing, and other materials the government intends to rely upon. Discovery disputes are common and frequently shape negotiation, motion practice, and trial preparation.

The scope and mechanics of evidence exchange are explained in Discovery.

Motions and Legal Challenges

Motions are formal requests asking the court to rule on legal issues.

These may include challenges to the admissibility of evidence, the sufficiency of charges, or the scope of testimony. Motion practice often determines what evidence the jury will hear and what arguments may be made.

This stage of litigation is examined in Motions.

Trial

If a case does not resolve during the pretrial phase, it may proceed to trial.

At trial, the prosecution bears the burden of proving every element of the charged offenses beyond a reasonable doubt. Evidence is presented, witnesses testify, and objections shape what the judge or jury may consider.

Trial structure and procedure are addressed in Trial.

Verdict and Sentencing

If a conviction occurs, the case proceeds to sentencing.

Sentencing decisions are guided by statutory ranges, guidelines, and judicial discretion. Courts may consider aggravating and mitigating factors, victim impact statements, and presentence investigations. Outcomes can vary widely depending on the facts and prior history.

This phase is explained in Sentencing.

How the Criminal Process Fits Into Criminal Defense

Criminal defense is not limited to arguing guilt or innocence.

Effective defense requires understanding when decisions are made, who makes them, and what legal standards apply at each stage. Many outcomes are shaped long before trial through procedural rulings, evidentiary limits, and strategic timing.

The criminal process provides the framework within which defense strategy operates.

Practical Takeaway

Process determines leverage.

Knowing where a case sits in the criminal process clarifies what options exist, what risks are present, and what decisions matter most at that moment. Misunderstanding the process often leads to missed opportunities or unnecessary exposure.

That is why the criminal process sits at the core of criminal defense.