Bringing the Charge Criminal charges are brought against a person in one of three ways: Through an indictment voted by a grand jury. Through the filing of an information by the prosecuting attorney (also […]
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Arrest Procedures When an officer arrests someone, the accused is taken into custody. Similarly, when a grand jury returns an indictment or a prosecutor files an information, a judge or
Pre-trial Court Appearances in a Criminal Case It’s especially difficult to generalize about this subject, since so much depends on a particular state’s procedures, whether it typically uses a grand
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Bail Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used
Plea Bargaining Many criminal cases are resolved out of court by having both sides come to an agreement. This process is known as negotiating a plea or plea bargaining. In
Officers of the Court The judge presides in the courtroom. If a case is tried before a jury, the judge rules on points of law and gives instructions to the jury, informing
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The Jury Pool The trial jury in either a civil or criminal case is chosen from a list called a venire or jury pool that has been compiled by the court. The
Selecting the Jury Juries of six to twelve persons are selected from the jury pool. The size of jury varies from state to state and depends to some extent on
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Opening Statements The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts
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Evidence The heart of the case is the presentation of evidence. There are two types of evidence — direct and circumstantial. Direct evidence usually is that which speaks for itself: eyewitness accounts,
