{ criminal trial procedure what happens when the police arrest a criminal suspect?
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Criminal Trial Procedure
What happens when the police arrest a criminal suspect?
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.
An arrest occurs when a person is legally deprived of his or her
freedom.
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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.
Rights of the Defendant…
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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.
Bail…
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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…
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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.
Search and Seizure…
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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.
The Arraignment…
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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.
Grand Jury…
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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…