The criminal trial process can be a long and complicated procedure, but how does someone become involved with the procedure to begin with? Usually the first step that begins the process is law enforcement making an arrest. The arrest and arrest report lay the groundwork for the prosecution to decide to press charges or not, as well as what charges to press. This then begins the criminal trial process for an accused criminal.

Criminal Charges Based on the Police Arrest Report

It is the role of a criminal prosecutor, not police officers, that determine if and what kinds of criminal charges can be brought against someone arrested on suspicion of a crime. Much of this information is based on the report that provides the details of the arrest. In addition, the arrest report will state the purpose of the arrest, which is the basis of the criminal charges. From this report, the prosecutor can file a complaint with the court to bring the accused to trial, send the details of the case to a grand jury, or decide that it is not worthwhile to pursue this case.

If the crime is not a felony, then the prosecutor will directly file a complaint and the accused will be informed of the charged in a process called arraignment. This meeting is also where the accused will enter their plea to the court. However, should the crime be considered a felony, the prosecutor will put the case before a grand jury.

What are grand juries?

Grand juries consist of randomly selected individuals that listen to provided evidence from the prosecution and determine if the accused should be indicted, or have criminal charges brought against them. This process can last a significant amount of time.

Unlike regular juries, grand juries:

• Decide whether enough evidence warrants going to trial
• Meet and deliberate in secret proceedings
• Can consist of up to 23 different people
• Do not need to be unanimous to decide to bring charges

If the prosecutor decides to avoid using a grand jury to decide upon criminal charges, then the accused is entitled to a preliminary hearing. This should be attended with an attorney that will fight against any evidence the state has.

From this point forward, the criminal process will begin.Working with an experienced criminal defense lawyer can make the difference in protecting your rights and freedoms and going to jail.