A criminal case is a judicial proceeding where the government (through its prosecutor) alleges that a person has committed a crime. A criminal conviction can result in a sentence of imprisonment, community service or a fine. Unlike civil cases where the burden of proof is a preponderance of evidence, in criminal cases the prosecutor must prove guilt beyond a reasonable doubt. A person can be charged with misdemeanors or felonies, which are tried in the magistrate division of the district court or the criminal division of the district court.
Most criminal cases begin with a police investigation of an allegation of criminal activity. The police prepare either an arrest report or a case report. The report is then reviewed by the Prosecuting Attorney. If the prosecutor decides to charge a person with a crime, the charges are filed in a document called an Indictment or Information. If the charge is a federal felony, there may also be a grand jury hearing.
If a client wants to avoid the risk of going to trial, he or she will enter a plea at a court appearance called an arraignment. At the arraignment the client will be read or given a copy of the charge and asked to plead guilty or not guilty. Most people enter a plea, which is often in return for the prosecution agreeing to drop some charges or recommend a lenient sentence.
A defendant who enters a plea will go to a sentencing hearing. Unless there are special circumstances, the judge will order a presentence investigation by the probation office before imposing a sentence.