When you are worried because you are facing a criminal violation, it is important to understand what you may be facing and how the criminal justice system works. Even though no case is identical to another, the steps that most cases will follow are. Read on to find out what these steps are and, if you feel that you need more information, let your criminal defense attorney explain to you what will happen in your case, the defense strategies that will be used, and any other concerns you might have.
These are the five steps of a criminal case:
Arrest
At this time, you may have already been arrested. You might have been taken to jail, posted bail, been released, or remain in custody. If you have been taken before a judicial commissioner you might have been arraigned and the offense you have been accused of committing should have been explained to you.Preliminary Hearing
Your preliminary hearing will take place in front of a court judge and what happens then will depend on factors that relate directly to your case. This step is also known as a “probable cause hearing” where the judge will determine if probable cause exists that you are the person that committed the stated offense. Defendants almost never testify at this stage nor will your lawyer call upon any witnesses to testify here.Grand Jury
In this step, the Grand Jury will hear from whoever was subpoenaed by the sheriff to the District Attorney’s office. The Grand Jury makes a determination as to whether there is probable cause to believe the crime took place and that you were the person to do it. In almost all cases, the Grand Jury returns an indictment against every individual charged with a criminal violation.When you are indicted, this replaces the warrant in your case. And in some cases, the Grand Jury can increase the severity of the charges against you or even add new ones. You will then be notified when to appear in court.
