Criminal law cases involve formal criminal charges, and the person on trial is either imprisoned or released. Although the legal procedures involved in criminal cases vary from jurisdiction to jurisdiction, the result is either the defendant’s innocence or the conviction. This can be in the form of adversarial or interrogation criminal proceedings. Nevertheless, all criminal law cases go through five main steps.
The defendant is arrested by a law enforcement officer who may witness the crime or hold an arrest warrant. The arrest warrant applies to situations where the defendant has committed a reasonable ground for the crime. After being arrested, the person must be brought to the court judge for the first appearance within 24 hours, otherwise he will be released.
2. The initial appearance
During the initial appearance, the judge will determine the name and address of the defendant. The judge will also inform the defendants of the charges against them, their right to remain silent and to hire a lawyer. If the defendant cannot afford a lawyer, the judge will appoint a lawyer and set the conditions for release from prison.
3. Preliminary review
The judge listened to evidence and testimony during the preliminary hearing. The lawyers of the prosecution and the defendant brought in witnesses at this stage. If the judge determines that the existing evidence is sufficient to believe that the defendant committed the crime, the date of the summons will be determined and the defendant will be tried in the High Court.
The defendant either pleaded guilty or not guilty when summoned. They can also make requests from nolo competitors (no content). The judge made a decision based on the defense filed by the defendant. If they plead not guilty, the judge will fix the trial date for the case. However, after the defendant pleads guilty or announces that he will not challenge the charges, there will be a fixed date for the defendant to be sentenced.
The opening statement of the trial gives the defendant the right to be tried, and the judge or jury decides whether they are guilty or not. Once the court is ready, the trial begins. Each party, the prosecution and the defendant can make an opening statement. The prosecutor spoke first, then the defendant.
Criminal cases end with closing submissions, jury deliberations, verdicts and sentencing. If the defendant is not satisfied with the outcome of the case, they can appeal the decision.