Question

Describe the pathway or process a defendant accused of a crime follows through the legal system step by step and what happens at each step.

Answer 1

Anyone who is suspected of having committed a crime is called a suspect. This requires actual indications giving rise to a so-called initial suspicion. If the authorities now to investigate the suspect, he is called the accused. The accused has to be read his rights. If the main proceedings are opened after the conclusion of the investigation, the accused becomes the defendant.

1. Once the individual has been accused for a crime he is taken into custody.
2. Then the accused will be brought before a court, the court will inform the accused of the charges and his/her rights to counsel and to remain silent. The defendant may be released at the initial appearance.
3. A preliminary hearing is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial. In contrast, an arraignment is where the defendant may file their pleas. For a preliminary hearing, the judge uses the "probable cause" legal standard, deciding whether the government has produced enough evidence to convince the jury that a crime was committed and that the defendant committed the alleged crime.
4. Arraignment: Court hearing in a criminal case during which the charges are read out to the named accused, and he or she (unless insane or mute) must plead guilty or not-guilty.
5. Plea Bargaining & Entry of Plea: Instead of going to trial, a defendant may plead guilty pursuant to a plea agreement. A plea agreement is an agreement that the defendant will plead guilty to the original charge, or to another charge, in return for a concession from the prosecutor. Typical concessions include: 1) dismissal of other charges; 2) recommendation of a particular sentence, or agreement not to oppose defendant’s request for a particular sentence; or 3) recommendation for, or agreement on, another appropriate disposition of the case. After a plea agreement has been reached, the plea is presented to the court, and the court may do one of three things: 1) reject the plea agreement; 2) discuss alternatives to the plea agreement that are acceptable to the court; or 3) accept the plea agreement. If the court rejects the plea agreement, the defendant may withdraw the guilty plea.
6. Upon a finding of guilt on some, even if not all, counts charged, the formal imposition of the punishment occurs. Depending upon the jurisdiction, the judge or the jury decides the punishment that will be given to the offender.
7. Restitution is the monetary payment by an offender to the victim to compensate the victim for the financial consequences caused by the commission of the crime. Generally, restitution must be requested at or before sentencing. What a victim receives during the criminal case is usually an order for an amount of restitution and a payment schedule. Once an offender is released from prison and is no longer on probation a victim may have to go to civil court to convert a restitution order into a civil judgment in order to collect additional monies.

These processes are vary from jurisdiction-to-jurisdiction.