Criminal Trial Procedure

What are Misdemeanor Trial Steps?

• Arrest

• Preliminary hearing

• District Court hearing- No record

• Punishments( 12 moths or lesss)

What is the first step of the Misdemeanor trial?

• ?

• Arrest(scene/ warrant)

What’s the next step of misdemeanor trial

• Arrest

• ?

Preliminary hearing

• Simply advise to advise the defendant they are facing jail

• Time, therefore you’re entitled to a lawyer

• Lawyer & trial

What’s the next step of the misdemeanor trial?

• Arrest

• Preliminary hearing

• ?

General District court

• State trial Court

• ENTRY level courts for specific kids of legal disputes

• Find→ Guilty or not guilty

What’s the next step in a misdemeanor trial?

• arrest

• Preliminary hearing

• General District court

• ?

Appeal

• You get a trial de novo

  • You start from the beginning

What are court system?

• State Supreme Court ( 99% of crimes are state)

• State Intermediate Appellate

  • Not all states have appellate courts

• Trial Courts

• Local courts

What are the steps of a Felony trial?

• Bond hearing

• Preliminary trial

• Grand Jury Indictment

• Pretrial discovery

What’s the first step of felony Trials?

• ?

Bond hearing(bail hearin)

• Where you get right to a lawyer or get appointed one

• Determines whether a defendant can be released from jail while waiting for trial

What comes next in Felony trials?

• Bond hearing

• ?

Preliminary hearing

• THE general district court- only determine if there’s a probable cause to send the case to the circuit court

• In other states is called legislature tests

• Check if have enough evidence

What comes after in felony trials?

• Bond hearing

• Preliminary hearing

• ?

Grand Jury Indictment

• Jury that meets to hear certain case or cases w/in certain time

• Determine if there’s a probable cause*

• Indictment: grand jury says if you go to court

What comes after in felony trials?

• Bond hearing

• Preliminary hearing

• Grand jury indictment

• ?

Petrial discovery

• Harder to get evidence

• Ensure both prosecution and defense have access to all the relevant evidence

What steps are similar to Civil cases? Come after first 3 steps of misdemeanor and felony

• motions in Limine

  • Trial(jury selection)

  • Opening statements

  • Prosecution’s case-in-chief

  • Motion to dismiss

  • Defense case-in-chief

• Prosecution rebuttal

• Jury instructions

• Jury deliberations

What comes after the first 13 steps of misdemeanor and felony?

1-3 different for each case(felony misdemeanor)

• motions in Limine

  • Trial(jury selection)

  • Opening statements

  • Prosecution’s case-in-chief

  • Motion to dismiss

  • Defense case-in-chief

• Prosecution rebuttal

• Jury instructions

• Jury deliberations

• ?

Post-Trial motions

• Provide an opportunity to address potential errors

What comes after the first 13 steps of misdemeanor and felony?

1-3 different for each case(felony misdemeanor)

• motions in Limine

  • Trial(jury selection)

  • Opening statements

  • Prosecution’s case-in-chief

  • Motion to dismiss

  • Defense case-in-chief

• Prosecution rebuttal

• Jury instructions

• Jury deliberations

• Post trial motions

• ?

Sentencing

• Jury returns with a verdict(guilt/not guilty)

  • Recommended a sentence (every criminal case range a punishment)

• Sentencing Hearing: After some time, judge gets final say unless there’s a minimum of sentence

• Prosecutors and defendants will say positive/negaitve aspects to persuade judge

What comes after the first 13 steps of misdemeanor and felony?

1-3 different for each case(felony misdemeanor)

• motions in Limine

  • Trial(jury selection)

  • Opening statements

  • Prosecution’s case-in-chief

  • Motion to dismiss

  • Defense case-in-chief

• Prosecution rebuttal

• Jury instructions

• Jury deliberations

• Post trial motions

• Sentencing

• ?

APPEAL

• in most jurisdictions a criminal defendant(unlike civil party) has a right to appeal-

• Don’t have to file for a Writ of certiorari

• Only certain types of appeals get to

What types of appeals are allowed?

Types of criminal cases and circumstances in which an appeal of a right normally exists

• Errors in trial process

• Legal Challenges to the sufficing of the evidence

• Constitutional challenges

  • Denial of cousin

  • Unlawful search and seizure

• Sentencing errors

  • Sentence that exceeds the mas

  • FAILED to consider mitigating factors

What’s the difference in arrest between misdemeanor and felonies?

Felonies

• Can be arrested without a warrant(probable cause)

• Warrant: gathered enough evidence

Misdemeanor

• Without warrant: in officer’s present

• Warrant: judge decides