Criminal and Civil Court The Basics

Steps in a Criminal Case 1.Investigation and Arrest:  Either may happen first.  It depends upon the crime.

Steps in a Criminal Case 2.Initial Appearance :  Suspect is brought before a judge who reads them the charges  If misdemeanor ( minor crime punished by fine or jail less than 1 yr.)  Plead guilty and pay a fine OR  Plead not guilty and a court date is set  If felony, (major crime, Seven deadly sins) a court date is set for preliminary hearing. Suspect will be either: felony  Released OR  Have a bail amount set OR  Held in jail with no bail

3. Preliminary Hearing or Grand Jury 1.Prosecution tries to prove they have enough evidence for a trial  The defendant is not allow to present any evidence 2.In a Preliminary Hearing they present it to a judge 3.In a Grand Jury they present it to a jury of citizens 4.If there is enough evidence an arraignment date is set 5.If there is not enough evidence the case ends 6.In some states the Prosecutor can skip this step by filing an “information”.  This is the prosecutor officially testifying that he has enough evidence to go to court.

4. Arraignment 1.Defendant enters one of four pleas: 1. Not Guilty 2. Not Guilty by Reason of Insanity 3. Guilty 4. Nolo Contendere – “I will not contest.” not admitting guilt but will take the punishment (only in some states—yes GA) 2.If Guilty or ‘Nolo’ is plead, judge decides a sentence 3.If either ‘Not Guilty’ plea is given, a court date is set.

5. Trial 1.Both lawyers have opening statements 2.Prosecution presents its evidence 3.Defense presents its evidence 4.Both lawyers have closing arguments 5.Prosecution must prove “beyond a reasonable doubt” that the defendant is guilty.

6. Decision 1.Judge can explain the law to the jury 2.Jury deliberates in private 3.Jury delivers verdict to the court---must be a unanimous in nearly all criminal cases. 4.If verdict is “Not Guilty” then defendant is free 5.If verdict is “Guilty” or “Not Guilty by Reason of Insanity” then move on to sentencing.

7. Sentencing 1.Judge determines sentence. 2.In some cases this may not happen right away 3.In the case of a death penalty case, there is a second trial to determine the verdict 4.A sentence can be: 1. Time in prison 2. Money 3. Community Service 4. Anything else the judge can think of (in some states)

Plea Bargaining 1.In 90% of cases, before a case goes to trial, the Prosecution and Defense make a deal—plea bargain. 2.Sometimes for a lesser offense. Sometimes for a specific sentence. 3.The judge is told the deal, but the judge is under no obligation to follow the deal.  However, usually they do.

Now to Civil Law --- COMMON LAW or CASE LAW  MOST IMPORTANT BASIS OF THE AMERICAN LEGAL SYSTEM  MADE BY JUDGES IN THE PROCESS OF RESOLVING INDIVIDUAL CASES

4 Types of Civil Law 1. Contract Disputes –  Disputes over what was agreed upon  Disputes over nonperformance

4 Types of Civil Law 2. Property Law – 1. Disputes over who owns property 2. Disputes over sales of property

4 Types of Civil Law 3. Family Law –  Marriages, Divorces, Child Custody

4 Types of Civil Law 4. Torts or Civil Wrongs a. Intentional Torts – Deliberate acts that result in harm to a person or property b. Negligence – Harm caused to a person or property because of reckless or careless behavior

How much can I sue for?  Usually, you can only sue for the amount of damage actually done. 1. Part of the case will be proving the value and/or proving how much you lost 2. Damages will only be awarded for ‘actual’ value/loss and not for ‘future’ or ‘possible’ gain 3. However, don’t forget about “lost wages” and “pain and suffering”

5 Steps in a Civil Case 1. Hire a Lawyer 2. File a Complaint with the Court  The court notifies the defendant 3. Pretrial Discovery  Both sides gathering information and data 4. Trial  Much like a criminal case, except often there is no jury, only a judge 5. Award  Jury/Judge determines amount  Usually Judge can modify a jury decision

Bargaining?  Just like in Criminal cases, often civil cases end early with an agreement  The court is notified of the agreement and the case ends  Mediation – having a third party try to resolve the dispute  In some courts this is required