Aim: What is the formal Criminal Process?

The Formal Criminal Process 1. Initial Contact- Citizen and Police contact. 2. Investigation- Identification of a suspect, gathering evidence, and making an arrest. 3. Arrest- Taking a person into custody. When a person is arrested their freedom has been taken away. 4. Custody- Once arrested you are in police custody, you will be searched and possibly questioned. 5. Charging- The police along with the District Attorney charge you with a crime.

6. Preliminary Hearing/Grand Jury- the DA brings the charges before a special Grand Jury who decides based on the evidence presented, whether or not to charge the accused and send them to trial. 7. Arraignment- The defendant is formally charged with the crime before a judge. 8. Bail/Detention- The judge decides to set bail or keep the defendant in jail awaiting trial. The judges decision will be based on many factors. 9. Plea Negotiations- In order to save time and money, the District Attorney will more than likely offer a plea deal…

…bargain for a lesser charge. If the plea is accepted, the defendant and DA go before a judge to get his consent. The defendant will then be sentenced to an agreed upon punishment. 10. Adjudication- The trial which is held before a judge and jury. Sometimes a defendant may waive his right to a trial by jury and the case will only be heard by the judge. 11. Disposition- If the defendant has been found guilty, he will return to court for sentencing. If the defendant is found not guilty he is released.

12. Appeal- If the defendant feels he was wrongly convicted of a crime he may appeal the case to a higher court which will review the evidence and testimony. The appeals court does not retry the case. 13. Correctional Treatment- Receiving a jail or prison sentence. 14. Release- Being released from jail or prison on parole. This simply means the person is finishing their sentence in society under supervision. 15. Post Release- Defendant must stay out of trouble or face returning to jail/prison.

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