A criminal case is a legal dispute involving allegations that someone violated the law. The law defines violations as a crime and it sets forth the penalties for each type of crime. Criminal cases are different from civil lawsuits that involve disputes between people or organizations.
The government initiates a criminal case through its own offices and law enforcement agencies. An allegation of criminal activity should be made to the local police department, the FBI or another law enforcement agency that can investigate.
At an arraignment, a judge tells the accused person the charges against them and the maximum punishment they could face. They also go over the accused person’s rights. During this hearing, the accused can choose to plead guilty, not guilty or no contest. Pleading no contest means the accused does not admit to committing the crime, but is willing to be found guilty by the jury. They can also remain silent, or “stand mute,” which is treated as a plea of not guilty. If the defendant cannot afford a lawyer, they may request a court-appointed one at this time. The judge will review the sworn financial affidavit and decide if the accused person is eligible for assigned counsel.
After the arraignment, the judge will set a pretrial conference. Defendants are entitled to limited pretrial discovery and they can file motions, which are requests for rulings from the judge before the trial. Defendants may be released on personal recognizance or on cash bond, which is money they must give the court to be released from jail until the trial.