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Criminal Justice Process
Police Report
Initial report taken by the police. An arrest may or may not be made. The police investigate the crime and then forward their report to the Prosecutor's Office.
Charges
At the Initial Hearing the suspect/defendant is informed of the criminal charges and of applicable procedural rights. Counsel is appointed for a defendant who can not afford private counsel. As a victim, you are not required to be present.
Pre-trial
Court Appearances, before trial, where the judge, prosecutor and defense attorney discuss the evidence in the case, discovery, plea offers and set hearing and trial dates. As a victim, you are not required to be present.
Guilty Plea
At any time before the trial the defendant may plead guilty and admit to the charges or enter into a plea agreement which the prosecution and the defendant have agreed upon. You will be notified of any plea agreement and Guilty Plea Hearing date. You are encouraged (but not required) to attend the Guilty Plea Hearing. You will have the opportunity to address the court in person (orally) or in writing.
Trial
If the defendant (or accused) does not plead guilty or enter into a plea agreement, the case will be taken to trial, usually but not always, in front of a jury. The defendants guilty or innocence will be determined by the jury. If the defendant is found guilty a Sentencing Hearing will be scheduled. If the case is taken to trial you will be subpoenaed to testify.
Sentencing
The Judge will determine the sentence to be imposed upon the guilty subject. As a victim, you will have the opportunity to address the court in person (orally) or in writing.
Initial report taken by the police. An arrest may or may not be made. The police investigate the crime and then forward their report to the Prosecutor's Office.
Charges
- The Prosecutor's Office reviews the police reports and decide whether to file charges and what charges to file.
- If charges are filed, the case is set for Initial Hearing. As a victim, you will be notified when charges are filed against the defendant.
- If no charges are filed, the case will be "No-Filed". As a victim, you will be notified if a case is no-filed.
At the Initial Hearing the suspect/defendant is informed of the criminal charges and of applicable procedural rights. Counsel is appointed for a defendant who can not afford private counsel. As a victim, you are not required to be present.
Pre-trial
Court Appearances, before trial, where the judge, prosecutor and defense attorney discuss the evidence in the case, discovery, plea offers and set hearing and trial dates. As a victim, you are not required to be present.
Guilty Plea
At any time before the trial the defendant may plead guilty and admit to the charges or enter into a plea agreement which the prosecution and the defendant have agreed upon. You will be notified of any plea agreement and Guilty Plea Hearing date. You are encouraged (but not required) to attend the Guilty Plea Hearing. You will have the opportunity to address the court in person (orally) or in writing.
Trial
If the defendant (or accused) does not plead guilty or enter into a plea agreement, the case will be taken to trial, usually but not always, in front of a jury. The defendants guilty or innocence will be determined by the jury. If the defendant is found guilty a Sentencing Hearing will be scheduled. If the case is taken to trial you will be subpoenaed to testify.
Sentencing
The Judge will determine the sentence to be imposed upon the guilty subject. As a victim, you will have the opportunity to address the court in person (orally) or in writing.