Criminal Proceedings | Superior Court of Justice (2024)

FAQs

What are the 15 steps of the criminal justice process? ›

The following are the basic steps: investigation, arrest, prosecution, indictment / information, arraignment, pretrial detention / bail, plea bargaining, trial, sentencing, appeals, punishment / rehabilitation.

At the close of evidence, the jury deliberates and renders a verdict of “guilty” or “not guilty.” If the jury cannot reach a unanimous verdict, the court may declare a mistrial, in which case the state may be able to re-try the case with a new jury.

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

The DA's Office can provide you with the name of the defendant and the next court date if we have filed charges against the defendant. To obtain this information, please contact the branch of our office where the charges were filed.

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

not guilty, this means the charge against the defendant couldn't be proven beyond a reasonable doubt.

Beyond a reasonable doubt: A verdict of "guilty" in a criminal case means that the jury has found that the person's guilt has been established beyond a reasonable doubt. The proof has to leave you with the conviction that the charge is true.

Burden of Proof

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

Proof Beyond a Reasonable Doubt Is Required for a Conviction

This high standard is known as the beyond-a-reasonable-doubt standard. It is required in all criminal prosecutions.

What is one reason prosecutors may decide to dismiss cases? ›

Prosecutors may dismiss cases due to insufficient evidence, witness credibility issues, ethical concerns, legal violations, resource constraints, or to ensure justice is served.

The Brady Rule

Maryland, the prosecution is legally compelled to turn over any exculpatory evidence it finds. During that case, the Supreme Court held that the government violated the defendant's right to due process under the Fourteenth Amendment by withholding evidence that could have helped the defendant's case.

Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment. Hopefully, if a case has been filed, you'll find out before the court issues a default judgment.

For felony offenses, which are more serious crimes, the DA has three years from the date of the alleged offense to file charges. However, there are certain exceptions to this rule. For example, if a DNA match is found in connection with the crime, then the DA may have an additional year to file charges.

Expungements in other states result in the crime being completely removed from your criminal record – it disappears completely or becomes inaccessible. In California, misdemeanor convictions will generally remain on your criminal record for life unless the conviction is remedied through a petition to dismiss.

California's criminal justice system can be thought of as having four stages: (1) the commission of the crime, (2) arrest by law enforcement, (3) prosecution of a case in the trial courts, and (4) detention and supervision by corrections agencies.

What are the steps or stages in the juvenile justice system? The juvenile justice system is a multistage process: (1) delinquent behavior, (2) referral, (3) intake/​diversion, (4) transfer/​waiver, (5) detention, (6) adjudication, (7) disposition, (8) juvenile corrections and (9) aftercare.

There are four stages of crime in IPC – intention, preparation, attempt, and commission. From the initial intention to commit a crime to the actual commission of the offence and the subsequent post-commission actions, each stage has its own legal provisions under the Indian Penal Code (IPC) and other relevant laws.