A criminal case is a legal proceeding in which the government charges a person with committing a crime. If a prosecutor proves to a jury or to the judge hearing a case without a jury, that the defendant committed the crime, the court may impose penalties including imprisonment, fines or community service. A person may be charged with a felony, misdemeanor or summary offense.
A prosecutor works for the government and is a lawyer. The person accused of committing the crime is called the defendant. A defense attorney is hired to represent the defendant in the case.
Criminal cases begin with an allegation of criminal behavior that is reported to your agency by a citizen or by a law enforcement officer. Police then prepare either an arrest report or a case report, which is sent to the Prosecuting Attorney. The Prosecuting Attorney reviews the case report and decides whether to file a criminal charge.
If a criminal case is filed, the prosecutor and the defense attorney prepare for trial. This includes limited pretrial discovery proceedings and a process known as voir dire, which is the process of selecting a jury for the case. The prosecutor and the defense attorney ask questions of potential jurors to determine which people will serve on the jury for the case. They are allowed to strike, or refuse to accept, a number of potential jurors.
At the trial, the judge will hear witness testimonies and arguments from both attorneys. The judge will then determine whether the defendant is guilty or not guilty and, if found guilty, will set a penalty at a later sentencing hearing.
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