A criminal case is a court proceeding in which a person is accused of breaking laws. A criminal case may be prosecuted in federal or state court. Federal prosecutions are handled by the United States Attorney’s Office, while state cases are handled by a county or city prosecutor’s office. People accused of a crime can be charged with murder, manslaughter, assault, burglary and many other offenses.
A person charged with a crime is arrested by the police and then brought to court, usually for an initial appearance. At this point the judge reviews the arrest and post-arrest investigation reports and advises the defendant of the charges against them. The defendant is then asked to enter a plea (guilty, not guilty or stand mute). Defendants who cannot afford an attorney are advised of their right to be assigned one and are required to fill out a sworn financial affidavit to prove they are eligible for an assigned counsel.
At the pretrial hearing the judge may decide on a number of pretrial issues including the amount and conditions of any bail. Bail is the money or property a defendant must give to the court in order to be released from jail while the case is pending, based on their promise to return to court when necessary. The judge may also set a trial date and dates for motion hearings at this time.
The next step in a felony trial is the jury selection process. The defense and the prosecutor can submit questions to potential jurors. The jury is usually 12 members, with 2-6 alternates, depending on the length of the trial. During the trial the jury hears evidence from witnesses and the prosecutor and defense summations, called closing arguments. The jury then deliberates and decides whether or not the defendant is guilty.