A criminal case is where the government takes legal action against a person for committing a crime. If found guilty the defendant can be punished by paying a fine, going to jail or prison or being placed on probation. The government prosecutes these cases because it views crimes as acts against society and a detriment to our community.
A typical case begins with an Indictment or Information and a first court appearance called the arraignment. At the arraignment the accused person is read the charge and asked to plead guilty or not guilty. Most people plead not guilty at this point because the details of a plea disposition have not yet been worked out. If the accused cannot afford a private lawyer they may be appointed one by the court at this time if they meet certain financial criteria by filing a sworn financial affidavit.
If no plea disposition is reached, the case will continue with a series of pretrial proceedings. At these pretrial hearings the attorney will file motions and may be able to suppress evidence and/or question witnesses through cross-examination.
Once a conviction is reached the next court appearance is usually a sentencing date. This is a very important appearance and the attorney will have worked to prepare a sentencing memorandum that outlines mitigating factors in hopes of achieving a lower sentence. After the judge gives his or her sentence the defendant will either be released from custody or, if in custody, there will be plain-clothes United States Marshals present to escort him or her back to the jail.
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