A criminal case is a legal proceeding in which someone, called the defendant, is charged with the commission of a crime. The case is prosecuted by a person employed by the federal, state or local government known as a “prosecutor.” If convicted of a crime, the defendant could face prison time, an order to pay fines or community service. Criminal cases start with police investigating a complaint of criminal activity, and the results of the investigation are presented to the prosecuting attorney, who will decide whether to file charges.
If the prosecutor decides to charge the defendant, the next step is an arraignment. At the arraignment, the judge will tell the defendant what they are charged with and the maximum punishment if found guilty. The defendant will also be told that they have a right to a jury trial and can get a court-appointed lawyer if they cannot afford one.
During the arraignment, the defendant will be allowed to enter a plea. They can choose to plead guilty, not guilty or no contest. Pleas of no contest are treated as if they were pleas of guilty. The defendant can also choose to stand mute.
The prosecution must prove that the defendant committed the crime beyond a reasonable doubt before they can be convicted. They will do this by calling witnesses and presenting evidence. The defendant’s lawyer will be able to question the witnesses and other evidence. During the trial, the judge will decide whether to allow the use of certain evidence. The jury will then decide whether the defendant is guilty or not guilty.