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

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.

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.

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.

♦ 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.

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.

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.

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.