Criminal Cases Are Oftentimes Very Complex And Contain

The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a

The court could choose either a preliminary hearing or grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. Preliminary hearing would indicate that John Doe was arrested and a complaint issued or filed with the Ocean County of where the violation occurred. Thus, prompting the judicial process: i.e. Preliminary hearing, plea, and trial. Grand jury would entail the officer or ADA presents the Grand Jury with the facts or probable cause of reasons why John Doe was arrested. Grand Jury could hear testimony from the officer and witnesses associated with the case. Once the facts are presented the Grand Jury would have an opportunity to ask questions. After the hearing, the Grand Jury would be requested to vote and either issues a true bill of indictment or find a no bill for Mr. John Doe.

Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury.

3. Arrest—The officer is not required to use the word ‘arrest’ to initiate an arrest. For an arrest to be considered legal, the following conditions need to exist. First, the officer has to have probable cause, the legal requirement for an arrest. Second, the officer has to deprive the individual of freedom, and lastly, the suspect believes that he or she is now in custody and has lost his or her liberty.

The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.

An arrest occurs whenever a police office detains a person any reason. There are a few

The next stage to the process of finding a criminal offender is getting the judge to agree to a warrant. A warrant provides the legal basis for an apprehension of a suspect. Once officers have their warrant, they will be able to search for more evidence that may pertin

An arrest warrant could be a document issued by a judge or official that authorities the police to require somebody suspect against the law into custody. Search and arrest warrants have some differences. A search warrant allows the officer to look for items to be used as evidence. A search warrant will expire usually after a period of time specified by the law. Some of the jurisdictions have limited that execution of the warrant to a reasonable hour during the day. An arrest warrant has the officer seeking to an arrest of a suspect in detention. The arrest doesn't expire, only if the court that issued it will recall it. Also, arrest warrants may be executed at any time, unless the expectations are specified by

After you have been arrested, you are then taken in to booking at the police or sheriff’s department. This means that the police simply put you into their system. Once there, you have to give them your basic information, give fingerprints and a mugshot, go through

During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person.

There are many different aspects of the criminal justice system. Each part of the criminal justice system has their role to ensure that the laws are being upheld. When an individual has committed a crime they are taken to a central location, which normally is a jail and booked under charges that pertain to their arrest. However, there are instances where individuals are not arrested and a judge has issued an arrest warrant and the individual has the chance to turn themselves in. There are times when an arrest warrant is being issued and the defendant’s lawyer will make arrangements for the defendant to turn themselves in while their attorney is present.

The first step in what can be a lengthy process through the criminal justice system is arrest. Once a crime is committed, law enforcement opens a case and immediately begins looking for a suspect. One a suspect has been located they are placed under arrest by law enforcement and taking to the local corrections facility for holding. Placing an individual under arrest is a process that must be followed accurately and maintain the rights of the arrestee and the officers. Probable cause or proof is needed to make an arrest. Amendments in the Constitution protect the arrestee from illegal search and seizure and also against cruel and unusual punishment. Once a person is lawfully arrested then they must appear before a judge before being allowed release on bail bond. The posting of a bond allows the defendant to go through the court process without having to stay in a county jail. If the bond cannot be posted, the defendant will

After an arrest for a felony, a person is then arraigned by a judge. At this time, the individual is explained why they were charged with the crime. This is also the point at which a bail is set. Bail is the amount of money an accused

After the arrest, arraignment will follow. This is the presentation of charges in an open court. During this stage, you need a lawyer to represent you in court. You have the choice to enter a not guilty or guilty plea. You need to discuss your situation with your attorney, to determine the best course of action to take. This is also the stage when your Utah Criminal Defense Lawyer talks to the prosecutors to negotiate for a plea bargain. Usually, accepting a plea bargain will require you to plead guilty to a lesser crime in exchange for a lighter sentence.

Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association).