A criminal case is one in which the federal, state or local government prosecutes a person for violating the laws of the land. These laws, called criminal law, regulate our behavior and may include serious crimes such as murder, burglary, robbery, car theft, DUI, vandalism and fraud. The accused person is called the defendant, and they are considered innocent until proven guilty beyond a reasonable doubt in court.
A typical case starts with a complaint report from a victim, which is taken by the local police department’s precinct. If the officer believes there is probable cause to believe the crime was committed, they will make an arrest. The defendant will be read their Miranda rights and given the opportunity to enter a plea. During the arraignment, the judge will set bail if they believe it is appropriate to do so.
After a jury is selected, the trial will begin. During this time, the prosecution team will present evidence and call witnesses. Your job is to show the jury that they cannot prove their case and that your client is not guilty. During this time, you must also prepare your opening statement.
At the end of the trial, the jury will determine if the defendant is guilty or not guilty and, in some cases, decide a penalty. The judge will formally sentence the defendant at a later hearing. During this hearing, the judge will listen to the victims who wish to speak and hear arguments from both attorneys about aggravating and mitigating factors in the case.