Progression of a Criminal Case

Introduction: Navigating the Criminal Justice System

Understanding the various stages of a criminal case is essential for anyone involved in the criminal justice system, whether as a defendant, attorney, or concerned citizen. In this section, we offer a general guide through the journey of a criminal case, from the initial arrest to post-conviction proceedings, explaining each step along the way.

Stage 1: Arrest and Booking

• Arrest: The process begins with law enforcement officers arresting an individual based on probable cause, often with a warrant or at the scene of a crime.

• Booking: After arrest, the individual is taken to a police station for processing, which includes recording personal information, fingerprints, and photographs. For minor crimes in New York State, law enforcement officers will frequently issue a desk appearance ticket to the individual that identifies what the preliminary charges are and provides a date when the individual is required to appear in court for the initial appearance/arraignment. For more serious offenses the individuals are then transported to the local courthouse for the initial appearance/arraignment.

Stage 2: Initial Appearance

• Arraignment: The accused is brought before a judge for the first time, informed of the charges, and advised of their rights. Bail may be set during this stage.

Stage 3: Pre-Trial Proceedings

• Investigation: Both the prosecution and defense conduct investigations, gather evidence, and interview witnesses.

• Plea Negotiations: Prosecutors and defense attorneys may negotiate plea bargains to resolve the case without going to trial.

Stage 4: Trial

• Jury Selection: A jury is selected to hear the case. Alternatively, some cases may be decided by a judge (bench trial).

• Presentation of Evidence: The prosecution and defense present their cases, including witnesses, exhibits, and arguments.

• Verdict: The jury (or judge) reaches a verdict of guilty, not guilty, or a mistrial is declared.

  • If acquitted, the defendant is released from custody, without a criminal record arising from those charges, the case is over, and the government is prohibited from re-trying the case under the Fifth Amendment “Double Jeopardy” clause. Double jeopardy is a fundamental legal principle designed to protect individuals from multiple prosecutions and punishments for the same alleged criminal behavior, ensuring fairness and finality in the legal process. In practical terms, double jeopardy means that once a person has been acquitted (found not guilty) or convicted of a particular offense, they cannot be retried for the same offense in the same jurisdiction. Double jeopardy applies to criminal cases and prevents prosecutors from making repeated attempts to secure a conviction against an individual for the same alleged criminal conduct.

    However, there are exceptions and nuances to the double jeopardy rule, including:

    1. Different Jurisdictions: Prosecution in different jurisdictions (e.g., state and federal) for the same conduct may not constitute double jeopardy, as they are considered separate sovereigns.

    2. Mistrials: If a trial ends in a mistrial due to a hung jury or procedural error, it generally does not constitute double jeopardy, and the defendant can be retried.

    3. Overlapping Offenses: Double jeopardy may not apply if the defendant is charged with multiple offenses arising from the same conduct but with different elements.

  • If convicted, sentencing follows.

Stage 5: Sentencing

• Sentencing Hearing: The judge determines the appropriate punishment, which may include imprisonment, fines, probation, or community service. Victim impact statements may be considered. New York State courts and federal courts have several key differences in terms of procedure and sentencing guidelines.

  • In New York State courts, the process typically begins with the imposition of a sentence after the defendant has been convicted or pleaded guilty. Judges in New York State have discretion in determining sentences within statutory limits. The state employs a determinate sentencing system for many offenses, where the judge imposes a fixed sentence, often with a range of imprisonment, and the defendant typically serves the full sentence with some limited opportunity for parole or early release. However, for certain serious offenses, New York has an indeterminate sentencing system, where a defendant may receive a minimum and maximum sentence, and the actual release date depends on factors such as behavior in prison and parole board decisions.

  • In Federal Courts, sentencing proceedings operate under the United States Sentencing Guidelines (USSG), a complex and detailed set of guidelines that consider both the nature of the offense and the defendant's criminal history. Federal judges use these guidelines to calculate a recommended sentencing range. While federal judges have some discretion to depart from the guideline range, they must provide a reasoned explanation for doing so. Federal sentencing also includes various enhancements and reductions based on factors such as the defendant's role in the offense, use of weapons, and acceptance of responsibility. Additionally, federal law mandates that sentences for certain offenses be served consecutively to any other sentences imposed. This means that in federal court, sentences for multiple convictions may be stacked on top of one another, leading to longer overall prison terms.

Stage 6: Appeals

• Notice of Appeal: If the defendant disagrees with the verdict or sentence, they may file a notice of appeal to a higher court.

• Appellate Briefs: Both sides submit written arguments (appellate briefs) to the appellate court.

• Oral Arguments: Attorneys may present oral arguments before the appellate court.

• Appellate Decision: The appellate court may uphold, modify, or reverse the trial court's decision.

Stage 7: Post-Conviction Proceedings

• Habeas Corpus: Defendants may file habeas corpus petitions, challenging their detention on constitutional grounds.

• Exoneration: If new evidence emerges, individuals wrongfully convicted may be exonerated through DNA testing or other means.

Why It Is So Important To Choose The Right Law Firm

The progression of a criminal case is a complex and often lengthy process. At each stage, defendants, attorneys, judges, and the justice system as a whole play critical roles in ensuring justice is served. Understanding this journey is essential for all stakeholders involved, and crucially, the lawyer(s) for the accused.

In a criminal case, there are numerous complex elements and variables at play, making it extremely challenging to foresee the precise outcome. This is precisely why legal professionals, particularly highly skilled attorneys with a deep grasp of the law and the intricate legal process, play a crucial role. They are essential in safeguarding the rights of the accused and upholding a fundamental principle ingrained in our legal system: it is preferable for a guilty individual to avoid conviction than for an innocent person to be wrongfully found guilty. In essence, skilled lawyers serve as the guardians of justice, ensuring a fair and balanced legal process where every accused person is granted the protection and representation they deserve.

If you have questions or require legal assistance related to any stage of a criminal case, please do not hesitate to reach out to us for a confidential consultation. Our experienced legal team is here to guide you through the complexities of the criminal justice system.