GUIDE TO CRIMINAL PROSECUTION  

       We, at BLOOMSTON & CALLAWAY know your case is very important to you, and that you are interested in knowing how the system works and what your case may involve.  This letter is to help you understand how the criminal justice system works, from arrest through appeal.

How Your Case Begins?

You were arrested because a police officer had a reason to believe that you committed a felony, misdemeanor, or other violation of Federal or State Law.  While you are being booked the prosecutor or magistrate consults with the police officer who arrested you, and if the prosecutor decided that there is enough evidence, he or she will prepare the charge(s) against you.  Remember that statements made by you may be used against you in later court proceedings.

What is an Arraignment?

You will have an arraignment where you will learn what charges have been brought against you.  At the arraignment, your lawyer and the prosecutor may discuss the possibility of settling your case without the need of having a trial.  They may negotiate a plea bargain (settlement) which you may either accept and plead guilty, or reject and plead not guilty.  If you are in jail, the prosecutor will have a chance at the arraignment to ask the judge to keep you in jail or order stricter bail conditions.  Your lawyer will be given a chance to reply to the prosecutor?s arguments. 

What Happens After Your Arraignment?

If you are charged with a felony and have already been arraigned in Criminal Court, your case will be sent to the grand jury.

What is the Grand Jury?

Grand jury proceedings are secret and are not open to the public.  The grand jury is made up of sixteen to twenty-three people who listen to the evidence and decide whether there is enough evidence to put you on trial.  If the grand jurors decided that there is enough evidence, they vote an indictment.

You have the right to testify before the grand jury, however, your attorney may advise against testifying. If your lawyer recommends that you testify your lawyer may go with you to the proceeding, yet he or she must remain silent during your testimony.  If you decide to testify before the grand jury, you will probably be cross-examined by the prosecutor.  Any questions the grand jurors may have for you will be asked by the prosecutor.  You may also ask that the grand jury hear witnesses willing to testify in your defense, although you are not allowed to be present in the grand jury room while they testify. 

What is Plea Bargaining?

Once you, your lawyer, and the prosecutor become more familiar with your case, your attorney may make an attempt to settle (resolve or dispose of) your case without a trial.  This may be done through plea bargaining with the prosecutor.  A plea bargain can take a variety of forms.  In one instance, the prosecutor may ask that you plead guilty in exchange for his or her promise to recommend to the judge that a particular sentence be imposed.  In certain cases, the prosecutor may offer to allow you to plead guilty to a less serious offense than the one with which you are charged.  Such a plea reduces the range of sentences the judge may impose.  The judge is the only one who can decide what your sentence will be and all bargains must be approved by the judge.  Plea bargaining may continue up to or even during trial.  If you do not want a trial, you may always plead guilty to all the charges brought against you whether or not the prosecutor agrees.  The judge will then decide your sentence.

Pre-Trial Motions.

Your lawyer will have the chance to obtain more information (discovery) about the prosecution?s case against you, and to inspect any physical evidence in the prosecutor?s possession.

The Trial.

Once any pre-trial hearings are finished and you have chosen not to plead guilty, your case will go to a jury for trial, where a judge or jury will decide whether or not you are guilty or innocent.  You may waive a jury and be tried before the judge.  The trial is a proceeding held in a public courtroom.  You have an absolute right to attend the trial.  However, if you are disruptive, you may be forced to leave the courtroom.

After the evidence is presented, your lawyer and then the prosecutor will make closing arguments to the jury, each trying to persuade the jury to convict you or to acquit you.  Following the closing arguments, the judge will explain the law to the jury as it applies to your case.  The jury will then go to a closed room to deliberate.  The decision of the jury is called a verdict.  If the jury decides that the evidence presented does not prove beyond a reasonable doubt that you are guilty, the verdict will be not guilty.  If the jury decides that the evidence presented did prove beyond a reasonable doubt that you are guilty, the verdict will be guilty.  If you are charged with more than one crime, the jury may find you guilty of all of them, not guilty of all of them, or guilty of some and not guilty of the rest. 

The verdict must be unanimous; sometimes, after much deliberation, the jurors report that they cannot agree on a verdict.  This is called a hung jury.  If that happens, the judge declares a mistrial and the prosecutor will then decide whether or not to seek another trial of your case.

If you are found not guilty of any of the crimes charged, you have been acquitted of those charges and can never be tried again in the State court for those same charges.  If you are found guilty, you have been convicted and must be sentenced. 

Post-Trial Motions.

Prior to sentencing, you may make a motion to set aside the verdict.  If the judge grants the motion, the judge may then set aside the verdict or modify it. These motions are rarely granted.

What is Sentencing?

If you are convicted, whether after trial, or after pleading guilty, you will be sentenced by the judge.  You, your lawyer, the prosecutor and, in some cases, the victim of your crime, if any, will all have a chance to be heard by the judge as to your sentence.  Before sentencing, the Probation Office will prepare a report for the judge (pre-sentence report) containing information about your background and the circumstances of the crime.  You may be interviewed by the probation officer preparing the report.  Your cooperation with the Department of Probation will be a factor in their evaluation of you. 

The sentence you receive will depend on a variety of factors, including your background, the circumstances of the crime, and the attitude of the victim.  The types of sentences include jail or prison terms, probation, conditional discharge, unconditional discharge, restitution and fines. 

If you are sentenced to probation, you will be supervised by the Department of Probation for a period of time.  You will have to obey specific conditions.  If you are sentenced to a conditional discharge, you will be released from jail and you will not be supervised by the Probation Department.  You will, however, have to obey specific conditions for a particular period of time.  Under certain circumstances, you may be given a split sentence, which is a combination of a jail term followed by a period of probation.   If you violate one or more of the conditions imposed, you may be re-sentenced to a jail or prison term.  If you are sentenced to an unconditional discharge, you will be released without any conditions.  Fines and orders to pay restitution can be imposed either alone or with another sentence.  If you have been convicted previously, you may receive a longer sentence.  After you are sentenced, you have the right to appeal your conviction or sentence. 

The Printed Docket.

All the cases that are set down for court appearances in any calendar month appear in a computer generated docket that is given to the lawyers in advance.  On these schedules, each judge has his/her own individual docket.  If a case is not reached for trial during the week when it is set, it is generally continued because it is unreached, and is usually set again a few months later.

When Are You Notified of the Trial?