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This guide provides an overview of court proceedings in criminal cases, highlighting the adversarial nature of trials where opposing sides—defense and prosecution—present their cases. It covers different charges, including misdemeanors and felonies, as well as processes like preliminary hearings and grand jury proceedings. You'll learn about the roles of the police department, prosecution, and grand jury, as well as the significance of formal charges and indictments. Stay informed and fill in your notes as you navigate the complexities of criminal law.
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Court Proceedings for a Criminal Case Fill in your notes sheets as you follow along.
Criminal Cases • Criminal Cases • Offenses against the public order. Criminal cases can be felonies or misdemeanors.
Adversarial Nature of the Courts • A trial has two opposing sides - the defense (the person being accused) and the prosecution (the state)
Different Charges Misdemeanor Felony
Felonies Preliminary Hearing • Information Charging: Case presented to Attorney General’s office by the police. Police department prosecution officer presents the case to a prosecuting attorney who reviews it and determines if there is enough evidence to charge the defendant. Preliminary Hearing • Grand Jury: Case is presented to the Grand Jury by prosecuting attorney. The victims and witnesses testify as to their account of the offense. The defendant is not present and does not testify. No defense attorney is present. Usually defendants are not informed of the Grand Jury proceedings until an indictment is returned. Grand Jury proceedings are initially secret.
Plenary Hearing • No Information • Charges are dropped • Information • Formal charges are given • This is called an indictment or true bill
Preliminary Hearing Grand Jury • True Bill • No True Bill
IndictmentFormal Charge The next step is the Superior Court Or Bench Trial if the defendant waives a jury