A criminal case is the state’s or people’s attempt to hold someone responsible for a crime. The case usually involves the prosecutor proving that the person violated a law and that they did it intentionally. A civil case, on the other hand, looks at how a crime affected an individual and who was hurt by it.
A court usually begins a criminal case when a police officer or other person files a formal complaint. The complaint sets forth the crime that was committed and gives the accused person, called the defendant, a chance to enter a plea to the charge. Defendants can plead guilty, not guilty or no contest (also known as nolo contendere). During an arraignment the judge will read the charges to the defendant and give them a chance to hire a lawyer or ask for one to be appointed if they can’t afford one. The judge will also tell the defendant if they will be held in jail until trial or can be released on bond. Defendants on bail can be required to wear electronic monitoring devices or have to report to pretrial services officers before and after they leave the house.
Defendants are allowed to call witnesses and present evidence at the trial, but the prosecutor can question them and cross-examine them. At trial, a jury decides whether the defendant is guilty or not guilty of a misdemeanor. Felony trials are heard in superior court. Once the verdict is rendered a judge will sentence the defendant. If the defendant is found guilty, their attorney will have filed a sentencing memorandum in advance arguing that mitigating factors should be taken into account.