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Aim : What is the formal Criminal Process?. The Formal Criminal Process. Initial Contact - Citizen and Police contact. Investigation - Identification of a suspect, gathering evidence, and making an arrest.
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The Formal Criminal Process • Initial Contact- Citizen and Police contact. • Investigation- Identification of a suspect, gathering evidence, and making an arrest. • Arrest- Taking a person into custody. When a person is arrested their freedom has been taken away. • Custody- Once arrested you are in police custody, you will be searched and possibly questioned. • Charging- The police along with the District Attorney charge you with a crime.
Preliminary Hearing/Grand Jury- the DA brings the charges before a special Grand Jury who decides based on the evidence presented, whether or not to charge the accused and send them to trial. • Arraignment- The defendant is formally charged with the crime before a judge. • Bail/Detention- The judge decides to set bail or keep the defendant in jail awaiting trial. The judges decision will be based on many factors. • Plea Negotiations- In order to save time and money, the District Attorney will more than likely offer a plea deal…
…bargain for a lesser charge. If the plea is accepted, the defendant and DA go before a judge to get his consent. The defendant will then be sentenced to an agreed upon punishment. • Adjudication- The trial which is held before a judge and jury. Sometimes a defendant may waive his right to a trial by jury and the case will only be heard by the judge. • Disposition- If the defendant has been found guilty, he will return to court for sentencing. If the defendant is found not guilty he is released.
Appeal- If the defendant feels he was wrongly convicted of a crime he may appeal the case to a higher court which will review the evidence and testimony. The appeals court does not retry the case. • Correctional Treatment- Receiving a jail or prison sentence. • Release- Being released from jail or prison on parole. This simply means the person is finishing their sentence in society under supervision. • Post Release- Defendant must stay out of trouble or face returning to jail/prison.