A criminal case starts when the police investigate a complaint of criminal activity. Typically, the police prepare either an arrest report or a case report, and then submit the report to the Prosecuting Attorney for review. The Prosecuting Attorney will then decide whether or not to file charges in the case.
The next step in a criminal case is arraignment. The defendant can enter a plea of guilty, not guilty or no contest. If they want to hire a lawyer for the case, they must do so at this time or ask for a public defender.
Defenses
An effective criminal defense attorney is able to identify legal issues that may come up in the case, such as violations of the defendant’s constitutional rights or improper search and seizure. They also conduct thorough investigations into the case, examining witness statements and evidence. This is important, because a successful defense may depend on their ability to find inconsistencies or gaps in the prosecution’s case that can be used to create reasonable doubt.
The criminal defense attorneys also work to get the court to exclude certain evidence based on legal grounds. For example, if police searched your property without probable cause, your attorney can file a motion to suppress that evidence. They can also file a motion to dismiss the case entirely. If the case is dismissed, the government cannot charge you with that particular crime again in a different jurisdiction, as this would be considered double jeopardy.