Criminal Trial Procedure
{
What happens when the police arrest a criminal
suspect?
An arrest occurs when a person is legally
deprived of his or her freedom.
CRIMINAL TRIAL PROCEDURE
Criminal cases often start when the defendant is
arrested. Defendants have a right to due process
of law, or fair treatment according to established
legal principles. The law requires a court hearing
right away. The trial is planned for later to give
both lawyers time to prepare for their cases.
Rights of the Defendant…
CRIMINAL TRIAL PROCEDURE
The Supreme Court, in a case called Miranda v.
Arizona, decided that people must be informed
of their constitutional rights when they are
arrested. The Miranda warnings require the
police to tell people what crimes they are being
arrested for. The police must also tell people
what crimes that they have a right to a lawyer. If
a defendant cannot afford a lawyer, the court
must appoint one at no cost. The police must also
tell people they arrest that they have the right to
not say anything and that anything they do say
can be used against them in court.
Bail…
CRIMINAL TRIAL PROCEDURE
A person who has been arrested can sometimes
be released on bail. Bail is money or other
property that is left with the court to assure that a
person who has been arrested, but released, will
return to trial. A judge determines bail.




You have the right to remain silent…
Anything you say or do can and will be held
against you in a court of law..
You have the right to speak to an attorney..
If you cannot afford an attorney, one will be
appointed for you..
Do you understand these rights as they have
been read to you?
Miranda Rights…
CRIMINAL TRIAL PROCEDURE

Search and Seizure…
CRIMINAL TRIAL PROCEDURE
A police officer may search a person, car, house,
or other building only if permission is given or if
the officer has a search warrant. The search must
only be the area mentioned in the warrant.
The Arraignment…
CRIMINAL TRIAL PROCEDURE
The suspect is brought before the court as soon as
possible after an arrest. At this brief hearing, the
criminal defendant is informed of the complaint.
The defendant is also made aware of his or her
rights. At this time, the judge may find a reason
to dismiss the complaint. The judge might also
decide that there is probable cause that a crime
was committed. The defendant is asked to plead
guilty or not guilty.
Grand Jury…
CRIMINAL TRIAL PROCEDURE
Depending upon the jurisdiction, the prosecuting
lawyer either prepares an information or presents
the case to the grand jury. An information is a set
of formal charges drawn up by the prosecuting
attorney. A grand jury is a jury made up citizens
who much decide whether there is enough
evidence to justify accusing a person of a crime.
If the defendant requests a jury trial, the jury
members must be selected. Otherwise, the case is
tried before the judge, which rarely happens in
criminal trials. A person who is found not guilty
cannot be tried twice for the same crime in the
same court. This is the principle of double
jeopardy which is defined in the Fifth
Amendment…
The Trial…
After a person has been convicted of a crime, the
court will sentence that individual. This means
the judge decides the punishment. It could be a
fine, imprisonment, or the Death Penalty.
Cases involving juvenile offenders are handled
by the juvenile court. As a first step, the judge
usually holds a detention hearing.
Sentencing…