Investigation Event Which May Be a Crime Arrest if observed by law enforcement Observed? Probable Cause? Booking Fingerprinting, Preliminary Arraignment NoYes No Bail Met? Prison- Pending Trial No Free- Pending Trial Yes Preliminary Hearing

Gov’t shows probable cause via witnesses documents Formal Charges filed via information or Grand Jury Indictment Yes Subject released No Formal Arraignment & Plea Judge or Jury? Voir Dire Jury Gov’t Opening Judge Defense Opening? Defense Opening Statement Yes Gov’t. Case No Defense Opening Statement Defense Presenting Evidence?

Defense Presenting Evidence? Defense Case Yes Closing Arguments No Jury Deliberation Prison Sentence, Probation, Or Fine Verdict? Defendant Goes Free Guilty Not Guilty Mental Institution until stable Guilty, but Mentally ill

Sentence Direct Appeal? Serves Sentence No Yes State Court? Defendant Released New Trial Court Orders New Trial Court Upholds Conviction Supreme Court? Defendant Drops Appeals Defendant Appeals to Supreme Court Upholds Conviction Court Overturns Conviction Court Overturns Conviction Parole (if Serving less Than max. sentence Unsupervised Release (if sentence Completed) Court Orders New Trial

Procedure When Defendant is Serving Sentence Defendant Continues Serving Sentence Defendant Released or Released Pending New Trial Fed. Trial Court Fed. Appeals Court U.S. Supreme Court Habeas Corpus Petition UNSUCCESSFULUNSUCCESSFUL SUCCESSFULSUCCESSFUL