Court Process: State & Federal

The process in State Court

Arrest: The accused’s physical actions are constrained by a law enforcement officer.

Initial Appearance: This is the first appearance after being arrested.  The accused stands before a judge to hear the charges brought against him or her.  Bail is set as are the terms and conditions of release on bail.  In a misdemeanor case, a guilty or not guilty plea is entered.

Bail: Money or a security deposited with the court to help insure that the defendant will appear at later court dates.  At the conclusion of the trial court’s case, the money is returned.

Preliminary Hearing: In felony cases, the state has to show to a court that a felony was probably committed.  This type of hearing generally consists of the state presenting the testimony of a few of its key witnesses, with the defendant given an opportunity to ask these individuals questions as well.  If, at the conclusion of the hearing, the judge thinks the state has not shown a felony was probably committed, he or she could dismiss the case or reduce the charge to a misdemeanor.

Arraignment: In felony cases, after the preliminary hearing, the defendant is given a copy of the criminal complaint (called an information) and enters a guilty of not guilty plea. 

Motion Hearing: A hearing where the court takes evidence and listens to legal arguments concerning certain constitutional rights.  The most common type of motion hearing is brought on a motion to suppress evidence.  Other types include hearings on whether the state violated a defendant’s right to a speedy trial, whether the case involved vindictive prosecution, and any other violation of a constitutional right. 

Final Pre-trial Conference: A conference used to either let the court know that the defendant plans on going to trial or negotiate a plea agreement.

Jury Selection: Called voir dire, twelve jurors and an alternative are chosen to determine the facts of the case.

Trial: The prosecution presents its case first, calling all of its witnesses.  The defendant is given the opportunity cross examine all the state’s witnesses.  After the state has closed its case, the defendant then presents his or her case, calling all of his or her witnesses.  At the conclusion of the evidence portion of the trial, the jury is given instructions, generally verbally, and sent to the jury room to make its determination of the facts.

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The process in Federal Court:

Grand Jury Proceeding: A secret proceeding where the government presents testimony to a panel o approximately twenty-three jurors, who then decide if there is probably enough evidence to indict a defendant. 

Arraignment: The defendant enters a guilty or not guilty plea.  The court schedules all hearings up through the trial date.

Pre-trial Motion Hearing: The court enters orders on all pre-trial motions, except in cases where evidence is taken, such as a suppression hearing.  If evidence is taken, a briefing schedule is ordered.

Final Hearing before the Magistrate Judge:  Motions in limine (the agreed on rules of the trial) and jury instruction are presented to the magistrate judge and tentative orders entered on the proposed rules and instructions.

Final Hearing before Judge: The District judge hears arguments on the tentative motions in limine and jury instructions entered by the magistrate judge. 

Jury Selection: Called voir dire, twelve jurors and an alternative are chosen to determine the facts of the case.

Trial: The government presents its case first, calling all of its witnesses.  The defendant is given the opportunity cross examine all the government’s witnesses.  After the state has closed its case, the defendant then presents his or her case, calling all of his or her witnesses.  At the conclusion of the evidence portion of the trial, the jury is given instructions, generally verbally, and sent to the jury room to make its determination of the facts.

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