The following is an overview of how a case progresses through the U.S. criminal justice system.
- Crime Committed
- A crime has been committted against a person or property.
- Reporting of the Crime
- The crime has been reported to the police and a case has entered the system. Note, not all crimes are reported and detected, so not all enter the criminal justice system.
- Investigation of the Crime
- Police officers conduct an investigation to determine if there is enough evidence to make an arrest.
- Note, not all investigation leads to an arrest. Sometimes the police do not have enough evidence to arrest the alleged perpetrator and so the case remains open. There are times when the perpetrator is a juvenile and will be delivered to the juvenile justice system, a separate arm of the criminal justice system.
- Arrest & Booking
- With enough evidence, the police arrests the alleged perpatrator. After being arrested, the police will conduct further investigation and interrogation, wherein the suspect may be booked or released.
- If the suspect is booked, basic personal information is obtained and the personal property of the suspect on his person is inventoried by the police.
- Note, exonerating information may be disclosed at this stage that could lead to the suspect’s release without further prosecution. At this time, the suspect could also be released with some preliminary bail deposit or on his recognizance with a request to report back to court for an initial appearance.
- Initial Appearance
- In practice, the prosecutor will file the criminal charges against the suspect/defendant before the initial appearance.
- Whether released or jailed, the defendant will make an initial appearance before a judge or magistrate. In the initial appearance, the judge informs the defendant of the charges filed and his basic rights to an attorney. The judge also sets bail.
- Note, if the defendant fails to appear as required, the bail money is forefeited. The bail amount is set according to the seriousness of the crime and the likelihood of the defendant’s return at the next scheduled court appearance.
- Note, some charges may be dismissed or dropped at this stage after further review by the prosecution. It is also at this stage that the court may determine if the defendant is indigent and will appoint a counsel for him.
- Summary or Jury Trial (Misdemeanor Cases)
- In misdemeanor (minor) cases, a summary trial may be conducted to determine guilt. A summary trial involves brief judicial inquiry of the defendant and the police officers. If the defendant is found guilty, the case moves to sentencing immediately.
- Preliminary Hearing or Grand Jury (Felony Cases)
- In felony cases, the defendant usually has the right to a preliminary hearing to determine if the state can show that there is probable cause to believe that the defendant has committed the crime. If the state failed to show probable cause, the charges are dismissed but may be reinstated later based on additional evidence. If the state can show probable cause, the case is moved to an arraignment, then to trial, and if necessary, sentencing.
- In some jurisdictions, felony cases are referred to a grand jury, instead of, the preliminary hearing. In a grand jury, the jury decides if there is/are reasonable grounds that the defendant committed the crime.
- Note, at times the charges can be amended from a felony to a misdemeanor and the case will be referred back to the misdemeanor division of the criminal court system.
- Arraignment
- Arraignment is where the defendant appears before the judge where the charges are read as they stood after the preliminary hearing or the grand jury.
- To note, a charging document from a preliminary hearing is called an information. A charging document from a grand jury is called an indictment.
- At this stage, the judge asks the defendant to enter a plea to the charge. If the plea is guilty, the matter moves immediately to sentencing, skipping the trial stage. If the plea is not guilty, the defendant is informed of the right to a trial by jury or have the matter tried by a judge.
- Pretrial Motions
- Before the trial, motions can be submitted from the prosecution or defense to address various issues of the case or to potentially resolve the case before going to trial.
- During this stage, a case may end as a result of a plea bargain, a negotiated settlement where the prosecutor reduces the charges, number of charges, or the recommended sentence in return for the defendant’s guilty plea. If the court accepts the plea bargain, the case goes to sentencing.
- Note, a plea bargain can be entered from time the defendant was booked by the police up to the trial stage.
- Trial
- The prosecution/defense will present witnesses and evidence to support their case during the trial.
- For the defendant to be proven guilty, the state has to prove it beyond a reasonable doubt. Beyond a reasonable doubt means proof of sufficient weight to exclude any other reasonable explanation than the defendant’s guilt. If the prosecution cannot meet this burden of proof, the charges are dismissed and the defendant is acquitted.
- If the prosecution proves the defendant’s guilt beyond a reasonable doubt, the case moves to sentencing.
- Sentencing
- The court considers information relevant to the possible penalty and then asesses the penalty. After sentencing, a judgement of guilt and sentence is entered by the court.
- Appeal
- After a judgement of guilt and sentence, the defendant may appeal. Through the appellate court system, either side may appeal the case regarding on some issues concerning procedure or other court error, if one is dissatisfied with the judgement.
After sentencing, accused defendants enter the corrections phase of the system. They could be placed on probation, fined, required to perform community service, incarcerated in a county jail, or incarcerated in a penitentiary.
If a prisoner feels that his case has been mishandled or an injustice was done to his case, he can file for a writ of habeas corpus. This requires law enforcemnt to present the prisoner before a judge to determine whether the person has been fairly convicted and incarcerated. The prisoner can be released as a result of this habeas corpus petition.
When a person completes his sentence, he can be released.
Disclaimer: The information in this post is for general information purposes only. This article does not constitute legal advice and does not substitute advice from a professional legal counsel. Always seek a professional legal counsel for your specific legal matter.
Date Published: May 14, 2025
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