When faced with the daily dramas of real criminal cases, be prepared for proceedings that look quite a bit different from those portrayed on prime time television. By understanding the process, one can obtain a realistic view of the judicial system, be better prepared for key parts of a case, and witness a process that viewers of Boston Legal and Law & Order never see.
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 1. Criminal Investigations
In state and federal cases throughout the United States, criminal
investigations are generally orchestrated by prosecutors, police and
other members of law enforcement.
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2. Grand Jury Indictments
Generally, there are two ways to press charges in a criminal case: (1)
by the filing of a criminal complaint, sometimes called a statement of
charges or a "criminal information"; or (2) in the form of an
indictment returned by a grand jury.
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3. Arresting the Accused
Whether probable cause is established in a criminal complaint, or
through a formal grand jury indictment, an accused is often arrested
after the issuance of a formal arrest warrant.
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4. Arraignments, Pleas & Plea Bargains
After an accused is arrested, she is brought before a judge in a proceeding known as an arraignment. There, bail will be set and the lawyers may engage in plea discussions.
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5. Preliminary Hearings
In the federal system, prosecutors must generally persuade a grand jury
that there is probable cause to indict a particular defendant with a
specific crime. This process is used in state cases as well, but there
are more instances in which defendants are charged with crimes in state
courts without being formally indicted.
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6. Pretrial Discovery & Investigation
In the federal system, prosecutors must generally persuade a grand jury
that there is probable cause to indict a particular defendant with a
specific crime. This process is used in state cases as well, but there
are more instances in which defendants are charged with crimes in state
courts without being formally indicted.
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7. Pretrial Motions
Absent a plea deal, many cases involve pretrial hearings in which the
prosecution and the defense lawyers bicker over the admissibility of
evidence and the viability of the charges themselves.
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8. Criminal Trials
Absent a plea agreement or pretrial dismissal of the case, the accused must stand trial before a judge or a jury. To cover trials effectively, reporters must master the elements of a trial, appreciate the significance of each step in this process, and anticipate a variety of evidentiary objections.
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9. Sentencing
Following a guilty verdict, the accused may file motions to set the
verdict aside or ask the court for a new trial based upon a variety of
irregularities or evidentiary problems arising during the course of the
trial.
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10. Criminal Appeals
If convicted, defendants typically seek relief from adverse judgments through two methods: Appeals and petitions for writs of habeas corpus.
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Criminal Cases 