Stages of a typical criminal case

There is no such thing as a “typical” criminal case. Describing the pathway of a criminal case is difficult, because there are many factors at play, including whether the crime is investigated and prosecuted, as well as whether there is a plea deal, pre-trial detention, etc. That said, we can identify a few stages of a criminal case to give a sense of how criminal process works in general.

The stages of a criminal case may include the following steps.

1. Crime

2. Investigation

3. Arrest

4. Probable cause hearing (within 48 hours of arrest)

5. Bail determination (bond must be high enough to guarantee appearance; no bail if defendant poses a flight or safety risk)

6. Preliminary hearing (to determine whether enough evidence exists for trial)

7. Indictment (“Information” process or grand jury process, depending on jurisdiction)

8. Arraignment (how does the defendant plea?—e.g., not guilty, not guilty by reason of a defense, nolo contendere, or guilty)

9. Pre-trial hearing (motions to settle issues such as double jeopardy, right to a speedy trial, venue, discovery, and/or any exhibit or witness evidentiary issues)

10. Trial

11. Verdict

12. Sentencing

13. Appeal

14. Final judgment

15. Corrections (e.g., fine, probation, community service, jail, or prison)