A crime is committed
The police are called
Most reported crimes are investigated
by the local police, the county sheriff or the highway patrol.
Investigation may include interviewing victims, witnesses, suspects;
collecting physical evidence; photographing and measuring the crime scene.
Witnesses may need to identify suspects by way of live or photo line-ups.
A few types of crime (such as criminal non-support, public health related
crimes and consumer or welfare fraud) may be investigated by other
agencies.
 If
the police have probable cause to believe that a crime has been committed,
they may arrest the suspect immediately. He may be released on a bond
immediately after booking; or he may be held up to twenty-four hours while
charges are filed and an arrest warrant is issued by a judge.
Sometimes the police will postpone an arrest and ask the prosecuting
attorney to review the case first.
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Prosecutor Review: |
 Police
reports and witness statements are sent to the Prosecuting Attorney
who makes the decision whether to file a charge, and, if so, what
the charge should be.
The Prosecuting Attorney thoroughly reviews all evidence in the
case, as well as the suspect's prior criminal record. Occasionally,
the reviewing Prosecutor sends the case back to the police to
conduct additional investigation.
Criminal charges are not filed by the police, nor are they filed by
victims of crime. |
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Misdemeanor &
Felonies: Misdemeanors are less serious crimes than felonies and
misdemeanors are punishable by fines and up to a year in jail.
Felonies are crimes punishable by a year or more in the Department of
Corrections.
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In felony cases,
the prosecutor may--instead of filing a criminal Complaint
directly--will present the evidence before the grand jury.
The grand jury meets in secret; and if they decide whether there is
probable cause to charge the accused. A criminal charge initiated by
the grand jury is called an indictment. |
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Arrest,
Bond, Arraignment
and Preliminary hearing
- In most cases, the defendant will be
released from the County Jail upon posting a bond. The purpose of
a bond is to ensure that the defendant appears in court.
- Often a bondsman will post the
defendant's bond for a fee.
- A defendant who posts a cash bond can get
the bond back when the case is concluded, but a fee paid to the
bondsman is not held by the court and is not returned.
- When the defendant first appears in
court, the judge will read the charges that have been filed. The
defendant is allowed time to hire an attorney if he chooses. If he
cannot afford an attorney, one is appointed from the state public
defender's office (but only if he is facing a jail sentence).
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Get out of
jail
If the defendant
fails to appear in court, his bond is forfeited.
If the bondsman
stands to lose the money, he may hire a bounty hunter to track down
and return the fugitive defendant to the county sheriff.
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Misdemeanor cases
are then set for trial by a judge or by a jury. In felony cases a
preliminary hearing is held to determine if there is probable to
believe that a felony has been committed and that the defendant is
the person who committed it (unless the Grand Jury has already found
probable cause and filed an indictment).
At the preliminary hearing witnesses are called to testify and the
state must present sufficient evidence to convince the court that
probable cause exists to show that a felony has been committed and
that the defendant is the person who committed it. If probable cause
is not shown, the case is dismissed. In most cases, however,
probable cause is shown and the defendant is ordered to answer the
charges in the circuit court where the case is then set for a jury
trial.
Pre-Trial:
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DISCOVERY: Before
trial the state must provide the defendant with all the evidence
that it will use at trial and any evidence that may be favorable
to the defendant. The defendant must also let the state know who
its witnesses will be.
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DEPOSITIONS: A
deposition is the recorded testimony of a witness, given under
oath in the presence of the defense attorney and the prosecuting
attorney (and occasionally the defendant). The parties sometimes
require the deposition of witnesses to discover new evidence
and to determine, test, or preserve the testimony of a witness.
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MOTIONS: Either side
may ask the court to rule on certain issues before trial and
there may need to be hearings with evidence presented. If
evidence has been unlawfully obtained, the defendant can file a
motion to have it kept out of any trial. If successful on such a
motion, the jury will not be permitted to hear such evidence.
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The
Trial |
A trial may be
heard by a judge (called a "bench trial") or by a jury. In a bench
trial the judge decides all issues involving both the law and the
facts.
In a jury trial the judge rules on the law, but the jury decides
factual issues and declares the defendant GUILTY or not-GUILTY.
Go here for more details about jury trials.
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Sentencing |
The state
legislature has set the minimum and maximum punishment for each
crime. The prosecuting attorney neither sets the fines, nor does he
sentence the defendant to jail. The prosecutor only recommends a
punishment. The defendant can agree or he may argue to the judge or
jury for a different punishment.
In a jury trial, the defendant has the right to be sentenced by a
jury, unless the defendant is a prior offender in which case the
judge sentences the defendant. The judge may lower the sentence of
the jury or may place the defendant on probation.
Where the judge sentences a defendant, he will consider the crime
itself, the prior criminal record of the defendant and other related
circumstances.The defendant may (in
most cases) be sentenced to jail or prison or placed on probation.
He may be ordered to make restitution and pay court costs and fines.
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Contact the Law Office of Randall England at (573) 635-0282
to setup a free consultation on your case.
Or click
here to send
an email. |
