When a crime is reported, police investigate by interviewing victims and witnesses; obtaining physical evidence; viewing the scene of the crime; taking photographs; and conducting line-ups. If the police believe they have probable cause to charge someone, the case goes forward. The person is formally charged by a Prosecuting Attorney at an initial appearance (arraignment). At the arraignment, the judge reviews the arrest and post-arrest investigation reports and advises the defendant of the charges against them. The defendant will be given a chance to enter a plea of guilty, not guilty or stand mute. Defendants are advised of their right to a court-appointed attorney and the right to a speedy trial. They will also be told if they are being released on personal recognizance bond or a cash bond and may be ordered to report periodically to pretrial services officers.
If the defendant enters a plea of not guilty, the judge sets a date for the trial. Before the trial begins, the prosecutor and defense lawyer meet at a pre-exam conference to discuss the case. They may agree to a plea bargain and the case will be settled.
During the trial, both sides present their evidence through testimony and written documents. The judge or a jury will decide whether the evidence proves that the defendant committed the crime. If the jury can’t reach a verdict, it ends in a mistrial and the case will be tried again at a later time. If the jury finds the defendant guilty, a sentencing hearing will be set.