1. Arrest—Police arrest and “book” suspect by photographing and
fingerprinting him/her.
Suspect is “Mirandized”
before questioning.

2. Suspect appears before a municipal court judge for a
Preliminary Hearing:
Suspect appears before a
municipal court judge for a
preliminary hearing and bail
determination. Judge sends case
to a grand jury.

3. Grand jury (or judge) hears evidence presented by the prosecutor to
determine if there is sufficient
evidence to warrant a trial. If they
believe it is possible that the
suspect may have committed the
crime, they will issue an indictment
to formally charge the
suspect with the crime.

4. Arraignment—hearing in which suspect pleads “guilty” or “not guilty”
Defendant pleads
“guilty” and accepts a plea bargain. Most criminal cases are handled in this
manner. No contest means that the defendant does not admit guilt but will not fight the prosecution’s case.
Defendant pleads
“not guilty” and trial
date set.

5. ♦ Both sides make opening statements.
Trial
♦ Both sides make opening statements.
♦ A District Attorney who represents the people
of the city where the crime was committed
prosecutes the defendant. Prosecution presents
their case first. The “burden of proof” lies
with the prosecution, meaning that they must
prove “beyond a reasonable doubt” that the
accused is guilty.
♦ Both sides present witnesses and testimony and
may cross-examine witnesses for the opposing
side.
♦ Closing arguments are made.
♦ Jury hears all evidence in the case and
deliberates to determine verdict.

6. unanimous decision, the judge will declare a mistrial
Hung Jury:
If jury cannot reach a
unanimous decision, the
judge will declare a mistrial
and the D.A. can pursue a
new trial.

7. Defendant is found “not guilty” by the jury and goes
Acquittal:
Defendant is found “not
guilty” by the jury and goes
free. Defendant may not be
retried for this crime
because of 5th Amendment
protection from double
jeopardy.

8. Conviction: Jury finds the defendant guilty.
The judge or jury determines
sentencing. If the jury must
make this decision, sentencing
hearings are often held so that
victims may address the jury.