How Does a Criminal Case Begin?

Criminal procedure can be a confusing and technical subject if you’re reading about it in law books. Today, David Serna explains, in simple terms, how a criminal case is instituted. In most states, the step-by-step procedure is, more or less, the same.

A criminal case usually begins when the judge issues a warrant of arrest upon a finding of probable cause. This finding is based on the sworn affidavits submitted by police officers. After the arrest, whether based on a warrant or a lawful warrantless arrest, the police submits a report to the prosecutor, who then determines the proper crime to be charged.

An officer’s arrest report must specifically contain the act or acts constituting a crime, the circumstances surrounding the arrest, the manner of arrest, the location, time, and the witnesses’ names, if any. A prosecutor usually decides whether to pursue the case or not based on the arresting officer’s report. He also determines whether a grand jury indictment is necessary.

In cases where the grand jury is not necessary, the prosecutor can either drop the case or file a felony complaint. The latter instance goes through a preliminary hearing, during which the judge determines if there is sufficient evidence showing the defendant’s guilt. At this stage, guilt beyond a reasonable doubt is not yet necessary.

It is usually during the preliminary hearing that the defendant finds out what charges have been made against him. However, these charges are still subject to change, depending on the discretion of the prosecutor, according to David Serna.

On the other hand, if the prosecutor determines that a grand jury is necessary, a group of individuals randomly selected decide whether evidence of the charge is sufficient and whether it is proper to charge the defendant.

Learn more about criminal procedure today. Follow David Serna’s profile.

https://www.nolo.com/legal-encyclopedia/charged-with-crime-how-29677.html