Criminal Process and Criminal Procedure

The criminal process or the criminal procedure begins when the police comes into contact with you and ends with your trial or appeal. To help you understand where you are in the criminal process, steps in the criminal process or criminal procedure are listed below.

Criminal Process and Criminal Procedure Overview

1. Police Contact / Police Questioning
2. Arrest
3. Booking
4. Bond Hearing
5. Arraignment
6. Criminal Trial
7. Sentencing
8. Appeal
9. Appeal Bond

Police Contact and Police Questioning

Most arrests began with police contact. The police must have reasonable suspicion that the defendant has committed some criminal activity.

Arrest, Booking and Bond Hearing

The arrest occurs once you are no longer free to leave. The officer must have probable cause that your have violated some law. The police officer may or may not read you your Miranda rights. If the officers wants to question you and use those statements in court, he has to read you your Miranda rights.

You will then be taken to a police station where you will be booked.You will be giving a bond hearing within 72 hours of your arrest. At the bond hearing, you will be given a bond. The bond will be cash or corporate surety. A cash bond means you have to pay the entire amount of the bond in cash to be released. A corporate surety bond is where you go through a bonding company. The bonding company only requires a payment of a portion of the bond. It typically ranges from 5% to 15% of the amount of the bond depending your situation.

Arraignment

The arraignment is simply where the defendant pleads guilty or not guilty to the criminal charge in which he has been arrested. In other words, the defendant only has two choices at the arraignment, guilty or not guilty. If the defendant pleads guilty, the court will impose a sentence within statutory guidelines. If the defendant pleads not guilty, the court will set a trial date for the defendant.

Trial

Simply put, the trial is where the prosecution has to prove its case against the defendant. At this time, the defendant can present its defense (i.e., tell the court why he is not guilty). Evidence can be presented by testimony from witnesses or by introduction of physical evidence. The defendant is allowed to testify at trial. However if the defendant decides to testify, the prosecution can ask him questions and the defendant must answer those questions.

Appeal and Appeal Bond

In municipal court cases and district court cases, the defendant can appeal the court's decision to the circuit court. The defendant must appeal the sentence immediately to suspend the imposition of the court sentence (i.e. if there's jail time he must appeal immediately in order not to jail). The defendant only has 14 days in which to appeal the decision the municipal court or district court to the circuit court.