A criminal case is where the government prosecutes someone for breaking the laws that regulate our conduct. These crimes can be as serious as murder or as mundane as driving without a license.
The prosecutor, usually a district attorney or city attorney, files a complaint in court on behalf of the state. The complaint generally sets forth the offense charged, the evidence supporting it and a determination of probable cause that the accused committed the offense. It can be filed on a police report or an accusation from a citizen.
At an initial appearance, a judge reviews the arrest and post-arrest investigation reports, advises the accused of the charges and determines whether the person should be released from custody pending trial. The judge also ensures the accused has access to a lawyer. Defendants who are indigent may be entitled to a free lawyer from the federal public defender’s office.
When the case goes to trial, the prosecution calls witnesses and presents evidence. The defendant’s lawyer can call witnesses and introduce evidence as well. During the trial, all witnesses are subject to cross-examination. The defense can also choose to not call witnesses. At the end of the case, the prosecutor and defense deliver closing arguments to the jury.
If the judge or jury find the accused guilty, a sentencing hearing takes place. The accused can appeal a verdict. See the Guide to Legal Help for help finding lawyers who specialize in appeals.