How Does Criminal Law Cases Begin?
First, a prosecuting attorney who represents people of a jurisdiction will initiate the case. Of course, there has to be an arrest. A police makes the arrest, and there is typically a court date set. At that time, there may be the option of bail for the defendant. If the defendant is deemed to not pose any threat to anyone and doesn’t have a criminal record, they could be released without bail by promising to appear for court on their appointed date. At the first court hearing, or arraignment, the defendant will enter into a plea…either guilty or not guilty. This is where many cases under criminal law end. It is not uncommon for a defendant to accept a plea bargain that is offered by the prosecuting attorney. This typically means admitting guilt to a lesser crime or guilt to the crime in return for a lesser punishment. If they don’t enter into a plea bargain, then the remaining course of action under criminal law are typically: · Preliminary Hearing or Grand Jury Proceedings · Pre-tria
