The first step in a criminal case is a court appearance called
an arraignment
, in which the charges against the defendant are read before a judge. At an arraignment, a lawyer is appointed if the defendant cannot afford one, and the defendant’s plea (guilty, not guilty, no contest) is entered.
What are the stages of criminal case?
- Commission of an offence (cognizable or non cognizable) Information to police. …
- Complaint to magistrate. …
- Investigation by Police. …
- Anticipatory Bail. …
- Arrest of the Accused. …
- Production of accused to magistrate. …
- Remand. …
- After investigation is completed.
What is the first step in the criminal trial process?
The first step is called ‘
arraignment
‘. This is where the Judge’s Associate (who is the person sitting in front of the judge) reads aloud to the Accused (who is the person on trial) each count on the indictment (ie each charge).
What are the 7 steps of a trial?
- Voir Dire. Voir Dire is a fancy French word used to name jury selection. …
- Opening Statement. After the jury is empaneled, the trial will begin with opening statements. …
- State’s Case in Chief. …
- The Defense Case. …
- State’s Rebuttal. …
- Closing Arguments. …
- Verdict.
What are the 7 basic steps in a criminal case?
- Investigation.
- Charging.
- Initial Hearing/Arraignment.
- Discovery.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
- Trial.
What are the 8 steps in a criminal case?
- Step 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. …
- Step 2: Charges. …
- Step 3: Arraignment. …
- Step 4: Pretrial Proceedings. …
- Step 5: Trial. …
- Step 6: Verdict. …
- Step 7: Sentencing. …
- Step 8: Appeal.
What six steps occur in a criminal case?
- Arrest: Typically, the initial contact you have with the criminal justice system is through an arrest being made. …
- Initial Appearance: …
- Preliminary Hearing: …
- Arraignment: …
- Trial: …
- Opening Statements: …
- Witnesses: …
- Closing Arguments:
What is an example of criminal case?
Examples of criminal law include
cases of burglary, assault, battery and cases of murder
. Civil law applies to cases of negligence or malpractice, for example.
What are the 14 steps in a trial?
- step 1: pre-trial proceedings. …
- step 2: jury is selected. …
- step 3: opening statement by plaintiff or prosecution. …
- step 4: opening statement by defense. …
- step 5: direct examination by plaintiff/ prosecution. …
- step 6: cross examination by defense. …
- step 7: motions to dismiss or ask for a directed verdict.
How do you win a trial?
- Meet Your Deadlines. …
- Choose a Judge or Jury Trial. …
- Learn the Elements of Your Case. …
- Make Sure Your Evidence Is Admissible. …
- Prepare a Trial Notebook.
- Learn the Ropes.
- Watch Some Trials. …
- Be Respectful.
What comes after an opening statement?
Opening statements are followed by
the case-in-chief
. The prosecutor or plaintiff’s attorney again goes first. … Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case.
What are the 5 steps of a criminal case?
- Arrest.
- Preliminary hearing.
- Grand jury investigation.
- Arraignment in Criminal Court.
- Trial by jury.
Who decides the charges in a criminal case?
The prosecutor
decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report.
What is bail money for?
Bail is cash, a bond, or
property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so
. If the defendant doesn’t show up, the court may keep the bail and issue a warrant for the defendant’s arrest.
How a criminal case is processed?
P.C., order Police to register an F.I.R and
investigate
the offence. … In case of non-cognizable offence, Police is not obliged to investigate, and the judicial process can be started by filing a criminal complaint before the competent court, under Section 190 of the Cr.
What is the most important step in a criminal case?
The defendant has a
constitutional right to a jury trial
in most criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to opening and closing statements, examination and cross-examination of witnesses and jury instructions.
