A criminal case is an ongoing investigation of allegations of wrongdoing by a person. The case starts when a report is made and police start investigating — interviewing victims, witnesses and suspects; collecting physical evidence; viewing crime scenes; photographing and identifying suspects through line-ups; and reviewing any electronic evidence. Only the government can initiate a criminal case, through the U.S. Attorney’s Office in coordination with a law enforcement agency. If the investigation substantiates a case, the prosecutor files criminal charges against the accused.
An accused person’s first appearance in court is generally brief and called an Initial Appearance, usually within 48 hours of arrest. At the hearing, a judge reviews the arrest and post-arrest investigation reports and advises the accused of the charges filed. If the defendant cannot afford counsel, the court appoints one for them. The judge also considers whether the accused should be released from jail until trial. If the judge finds probable cause, they will set bail, which is money or property a person gives to the court in order to be released from jail before trial (unless they are on immigration hold).
If there are no plea bargains or dismissals, the case goes to a pretrial conference. At the conference, an assistant prosecutor meets with the defense attorney to discuss the case and try to find ways to settle the case before going to trial. During the trial the prosecutor presents evidence such as photographs, witness statements and police officers’ testimony. The defendant’s lawyer may challenge the evidence by cross examining the witnesses and calling their own witnesses. At the end of the trial the judge or a jury decides if the defendant committed the crime. The judge will then decide a sentence. Defendants may choose to testify at sentencing or remain silent. They may also choose to present aggravating or mitigating factors in their own behalf. Defendants have a limited right to appeal the conviction and sentence.