If the crime is not committed in the presence of a police officer, the officer or complaining witness would then present the
case to the County Attorney and request that a criminal complaint be filed. The County Attorney reviews the information,
decides what charges the evidence will support and files charges.
The arrest citation should contain a brief statement of facts and sets forth the crimes the defendant has committed. The
complaint may charge the defendant with a single crime or a number of different crimes. The defendant is given a copy of
the complaint (sometimes while in jail), and a court appearance is scheduled. A bond may be set at this time also.
first appearance is to formally notify the defendant of the charges filed and review the defendant's bond. If the defendant
cannot afford an attorney, a public defender is appointed by the District Court to represent the defendant. The bond is then
reviewed to determine the likelihood of the person coming back to Court for further hearings. The more serious that the
crime is, the District judge will typically set a higher bond. Soon after the conclusion of the first appearance, the defendant
is given a new date to appear in District Court for a "Preliminary Hearing."
legal standard of probable cause. Testimony is given by the complaining witness (usually either a private citizen or a
police officer) and any other witness that the County Attorney or Defendant believe to be relevant.
The defendant may require the Judge to determine, on the basis of the facts presented in the complaint and in the police
reports, whether there is enough evidence to show that a crime has been committed and that the defendant committed it.
After the testimony, the defendant may request that the complaint against the defendant be dismissed. At or soon after
the Preliminary Hearing, the Judge rules on these issues.
If the Judge finds that there is sufficient evidence to charge the defendant, he then binds the matter over to a Grand Jury.
private, and the Commonwealth calls witnesses to testify as to the events in question. The grand jury has a low standard
to meet to determine if the matter is bound up to the Circuit Court. Once a Grand Jury finds that there is a case against the
Defendant, they issue an "indictment" against the Defendant.
exact charges filed and the defendant enters a plea of "guilty" or "not guilty" to those charges. Depending on the bond of
the Defendant (posted or not posted) and other circumstances, the Judge will determine if the Defendant will stay out of
jail until the next court date.
pleas of guilty are the results of a plea agreement. Plea agreements are essentially contracts between the
Commonwealth and the defendant where the defendant agrees to plead guilty under certain terms and conditions. Since
both the Commonwealth and the defendant risk losing everything should the case go to trial, plea agreements are a
means to arrive at a reasonable and certain disposition without the necessity of a trial.
All plea agreements are subject to the Judge's approval and the defendant must formally waive his right to a trial and
accept the guilt before the Court will accept the defendant's plea of guilty.
is formally set for trial on a specific date if the defendant does not elect to enter into a plea agreement and plead guilty. A
list of witnesses to be called at trial is given to the Court by both parties and often times the parties use the hearing to
narrow the issues in dispute in order to save time at trial. Many times, this is the last opportunity for a Defendant to
accept a plea agreement. Some judges will not accept a plea agreement between the time of the pre-trial and the trial.
case before a Judge or a jury. Criminal proceedings follow a certain procedure during the course of a trial. Some of the
distinct events, which occur at trial, are as follows:
If a jury is to be used, the trial must begin by first selecting the jury. A case will often involve a jury of twelve
persons. During jury selection, a group of persons called for jury duty are brought to the courtroom where they
are each asked questions by the Judge and the attorneys for each side. The purpose of the questioning is to
make certain that the juror can be fair and impartial in the case. A juror who cannot be fair, for whatever
reason, will be removed from the jury.
- Prosecution's Case -
After the opening statement the prosecutor presents witnesses and testimony. The State's witnesses are
questioned by the prosecutor, and the defense attorney has the opportunity to cross-examine or question the
State's witnesses. The State's case will generally consist of the testimony of witnesses and the introduction of
physical evidence.
- Defendant's Case -
After presentation of evidence for the State has been completed, the defense attorney may present witnesses
and physical evidence for the defense's case. However, since the burden to prove the defendant committed the
alleged offense "beyond a reasonable doubt" is on the State, and the defendant is presumed to be innocent, the
defense may elect not to present any evidence.
If defense witnesses do testify, the prosecutor is given the opportunity to question and cross-examine those
witnesses. During the testimony of the witnesses or the introduction of physical evidence, either attorney may
make an objection to the questions that are asked or the offering of physical evidence. The Judge will then
decide whether the questions that are asked or the offering of physical evidence is proper under the rules of
law.
- Closing Arguments -
At the conclusion of the defense's case, closing arguments will be presented. In the closing, each attorney
attempts to persuade the Judge or jury that their side should prevail. Closing arguments are not evidence, but
are summaries by both sides of the evidence presented during the trial from their respective viewpoints.
- Jury Instructions -
Following the closing arguments by both parties, the Judge will instruct the jury on the issues to be decided and
the rules of law that apply to the case.
- Jury Deliberations -
Jury deliberations are concluded when a unanimous verdict has been reached. The jury returns to the
courtroom and the verdict is announced. If a jury is unable to reach a unanimous verdict after sufficient time to
deliberate, it is considered a hung jury. A mistrial can be declared and a new trial ordered.
- Jury Verdict -
After being instructed by the Judge, the jury retires to another room to deliberate and to return with a verdict of
guilty or not guilty.
trial, the Judge will order a pre-sentence investigation report ("PSI") prior to sentencing the defendant. The PSI will
include the defendant's criminal history, personal background, marital and economic status, employment situation and
education history.
The pre-sentence investigation may also determine whether the defendant has a chemical dependency problem or
psychiatric difficulties. The individual conducting the pre-sentence investigation will contact the victim of the crime and
find out how they have been impacted by the defendant's actions. The pre-sentence investigation enables the Judge to
find out more about the defendant so that he or she is better able to impose the proper sentence.
Prior to the sentencing, the victim(s) of the crime will be sent a form whereby the victim may request that the Court order
the defendant to pay for any monetary loss caused by the defendant's crime. The paying of victims for their losses,
known as "restitution," may be made a condition of the defendant's sentence.
After the PSI has been completed, the defendant comes before the Judge for sentencing. The Judge will listen to
arguments by both the prosecutor and the defense attorney as to the proper sentence for the defendant, and the
defendant is afforded the opportunity to speak on his or her own behalf. The victim may also attend the sentencing, and
will be given the opportunity to relate to the Judge how the crime has affected them and what sentence they feel would
be appropriate.
If the victim chooses not to attend the sentencing, their input may be sent to the Judge in the form of a letter, or the
prosecutor may read aloud a statement written by the victim. No matter what the Judge might personally want to impose,
he or she can only impose a sentence that falls within the boundaries of State law. Keeping those boundaries in mind,
and weighing all the facts of the case, the Judge then sentences the defendant. Once the defendant is sentenced, the
felony prosecution process is finished.
