Understanding Criminal Court Proceedings: From Arrest to Verdict (Full Transcript)

Speaker 1: How does a criminal court proceeding work? Although the pretrial procedure may vary slightly from jurisdiction to jurisdiction, here is an overview of what happens in court during a criminal case. Before trial. Shortly after you are arrested and booked, you will be taken to court for your first appearance before a judge. In some jurisdictions, this is called an arraignment. In others, a formal arraignment comes later. After the initial appearance, you will be advised of the charges against you, you will be advised of your rights including your right to counsel, and your right to remain silent. In addition, in a misdemeanor case, you will enter a plea. If you plead guilty, the judge will impose a sentence or set a date for a sentencing hearing. If you plead not guilty, the judge will determine a bail amount and set a trial date. In a felony case, if you are in custody at the time, the judge will either release you on your own recognizance, set bail, or deny bail and return you to jail to await trial. The judge will also set a date for a preliminary hearing. At the preliminary hearing, the judge will determine whether there is probable cause to believe that 1. A crime was committed and 2. You committed that crime. If so, the judge will bind you over for trial. If not, the matter will be dismissed and you will be released. In some jurisdictions, a grand jury serves the same function as a preliminary hearing. Trial Trial will begin with jury selection. Following jury selection, the lawyers will give opening statements. The prosecution then will present its evidence against you through the testimony of witnesses. Your defense lawyer will challenge the witnesses' veracity and credibility through cross-examination. At the close of the prosecution's case, it will be your lawyer's turn to present your defense. The evidence phase of the trial will conclude with closing arguments by the attorneys. The case will then go to the jury for deliberations and a verdict.