{"id":13493,"date":"2018-02-09T18:38:30","date_gmt":"2018-02-09T18:38:30","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13493"},"modified":"2023-04-21T23:03:21","modified_gmt":"2023-04-21T23:03:21","slug":"criminal-proceedings","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13493","title":{"rendered":"Criminal Proceedings:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a> >>>> Criminal Law Self-Help<\/a> >>>> Judicial Proceedings<\/a>:<\/strong><\/span><\/p>\n

***************************<\/p>\n

Step-by-Step<\/span><\/strong><\/span>
\nStages of a Criminal Case:<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Criminal prosecution develops in a series of stages, beginning with an arrest<\/a> and ending at a point before, during or after trial<\/a>.<\/strong> [1]\u00a0 This page is carefully organized to give the beginner and<\/em> the expert a step-by-step<\/em> walkthrough<\/em> for each stage of a criminal prosecution (not <\/em>be confused with a civil proceeding<\/a>); although this walkthough is particular to federal cases, and integrates the Federal Rules of Procedure<\/a> throughout it, this walkthrough is also applicable to state cases and <\/em>Indian Country<\/a> cases as well.\u00a0 <\/em>If this is your first time to this site, be sure to read the Getting Started<\/a>\u00a0 and the Criminal Law Self-Help<\/a> sections of the site first<\/em>.\u00a0 <\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 <\/strong><\/span>This walkthrough begins with definitions for the terms “criminal proceeding” and “criminal prosecution,” followed by descriptions for each stage of the proceedings: the 1. Arrest, and Search and Seizure<\/a>, 2. Bail<\/a>, 3. Arraignment<\/a>, 4. Preliminary Hearing<\/a> or Grand Jury Proceedings<\/a>, 5. Pretrial Motions<\/a>, 6. Trial<\/a>, 7. Sentencing<\/a>, and 8. Appeal<\/a>.<\/em><\/strong><\/span><\/p>\n

criminal proceeding<\/span>:<\/span><\/strong>
\n(often plural)<\/em> (16c)<\/span><\/p>\n

1. A judicial hearing, session, or prosecution in which a court adjudicates whether a person has committed a crime or, having already fixed guilt, decides on the offender’s punishment<\/a>; a criminal hearing or trial.<\/strong> [2]<\/span><\/p>\n

1. A proceeding in court in the prosecution of a person charged or to be charged with the commission of a crime, contemplating the conviction and punishment of the person charged or to be charged. State ex rel. Sweezer v Green<\/em>, 360\u00a0 Mo1249, 232 SW2d 897, 24 ALR2d 340<\/span>.<\/strong>
\n<\/span><\/p>\n

A proceeding against a juvenile offender is in no sense a criminal proceeding, where it does not contemplate punishment for an offense, but prevention of a an erring minor from becoming a criminal. State v Freeman<\/em>, 81 Mont 132, 262 P 168, 171<\/span>.<\/strong> [3]<\/span><\/p>\n

1. Any phase or aspect of a criminal prosecution, or the prosecution as a whole.<\/strong> [4]<\/span><\/p>\n

criminal prosecution<\/span>:<\/span><\/strong>
\n(16c)<\/span><\/p>\n

1. a criminal proceeding in which an accused person is tried<\/strong> <the conspiracy trial involved the prosecution of seven defendants>.<\/strong> \u2014 aka prosecution<\/strong><\/em><\/span>. [2]
\n<\/span><\/p>\n

1. The use of the processes of the law to accuse or charge a person with the commission of a crime, to bring him before a court, to convict him of the offense, and to impose upon him such punishment as is provided by law for the offense.\u00a0 Although sometimes instituted by an individual, a criminal prosecution is not in any sense an action between the person instituting it and the prisoner. Anno: 46 ALR 463<\/span>.<\/span><\/strong><\/p>\n

A preliminary investigation is not a criminal prosecution within the Sixth Amendment to the Federal Constitution. Anno: 93 L Ed 992<\/span>.<\/strong> [3]<\/span><\/p>\n

1. The process of arresting, charging, trying, and sentencing a person for the commission of a crime.\u00a0 A criminal sentence generally involves the imposition fo a fine, imprisonment, or death.\u00a0 A criminal prosecution is brought by the state, as opposed to a civil action, which is brought by a\u00a0 private party.<\/strong> [4]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Only the government initiates a criminal case, usually through the U.S. attorney\u2019s office, in coordination with a law enforcement agency.\u00a0 Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.<\/strong> [5]<\/span><\/p>\n

Stage One;<\/span><\/strong><\/span>
\n The Arrest<\/a>:<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Criminal prosecution typically begins with an arrest<\/a> by a police officer.\u00a0 A police officer may arrest a person if<\/span><\/strong><\/p>\n

(1) the officer observes the person committing a crime;
\n(2) the officer has probable cause<\/a> to believe that a crime has been committed by that person; or
\n(3) the officer makes the arrest under the authority of a valid arrest warrant<\/a> (a “warranted arrest<\/a>“).
\n<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody.\u00a0 If the suspect committed a minor offense, the police may issue a citation to the suspect with instructions to appear in court at a later date.<\/strong> [1]<\/span><\/p>\n

The Fourth Amendment<\/span><\/strong><\/a><\/p>\n