If you’ve been charged with a crime, you’re probably wondering what’s going to happen next. Although there’s a specific sequence of events, it can be overwhelming and feel uncertain when you’ve never experienced the process before. Below is a clear explanation of how the formal legal process usually unfolds.
1. It begins with an arrest, citation, or summons
Criminal cases usually start with an arrest, a citation, or a summons. An arrest involves being placed in custody by law enforcement and is reserved for higher-level offenses. For lower-level offenses like misdemeanors and nonviolent crimes, a citation to appear in court is often issued. In more complex investigations, charges are filed and the accused receives a summons by mail.
The way your case begins can set the tone for how it will unfold. Getting a lawyer as early as possible is the best way to protect yourself from mistakes that can harm your case, like making statements to the police.
2. Initial appearance and bail
Your first formal interaction with the court will happen within 24-72 hours of your arrest. At this heading, the judge will inform you of the charges being brought against you, advise you of your rights, and set bail with conditions (or deny bail).
The judge will read you your rights and advise you of your right to a lawyer under the Sixth Amendment. If you’re given bail, the amount is designed to ensure you’ll appear in court. Bail might come with specific travel restrictions, no-contact orders, ankle monitoring, or regular check-ins. If you violate the conditions of your bail, the court can put you in jail. If you can’t afford your bail, you’ll be held in jail until your hearing.
3. Arraignment
After your initial appearance, the prosecutor will file formal charges with the court. Your arraignment is where you’ll enter a plea. Prosecutors look at the evidence before filing charges, but they are known to stack charges in order to get better leverage when offering a plea deal. Not every charge will stick.
At this stage, your lawyer will advise you on what plea to enter to preserve your rights. Most people don’t plead guilty at their arraignment.
4. Discovery and pretrial motions
The discovery phase is when the prosecution and defense exchange evidence. This particular phase can last for months, and as a result, the strengths and weaknesses in your case will be exposed.
Prosecutors are required to provide your attorney with all police reports, witness statements, and exculpatory evidence. The Supreme Court’s Brady v. Maryland decision requires prosecutors to disclose evidence favorable to the defense.
Pretrial motions to suppress evidence or dismiss charges are filed during this phase. If motions to suppress are successful, it can lead to reduced charges or a dismissal.
5. Plea negotiations
Most criminal cases don’t go to trial and instead are completed through a plea bargain. Plea negotiations allow both sides to conserve resources while reaching an agreeable outcome. The prosecutor will consider your criminal history, victim impact statements, and all the evidence before offering you a deal. Your attorney will evaluate the consequences of the deal before advising you to take or reject the offer.
An early plea usually offers more leniency, but pleas offered later on can be better if your attorney weakens the evidence against you. However, you don’t want to wait too long to accept a deal because prosecutors tend to offer harsher deals as time progresses.
6. Trial and sentencing
When a plea negotiation fails or if you want to assert your right to force the state to prove its case against you, that’s when your case will head to trial. This phase begins with jury selection or a bench trial if you waive your right to a jury trial. The prosecution will need to prove every element of the charges against you beyond a reasonable doubt.
After a trial, the jury or judge will return a verdict that will find you guilty or not guilty. If the jury can’t agree on a verdict, it will be considered a hung jury. If you’re acquitted, your case ends there. If convicted, your case will move to the sentencing phase where the judge will consider statutory ranges, sentencing guidelines, and aggravating or mitigating factors before making a final decision.
Knowing the process makes it easier
Facing criminal charges can be confusing, but once you understand how the process unfolds, it’s easier to engage productively with your lawyer and maintain realistic expectations.
