The criminal trial process begins with the arresting of the individual or the filing for an arrest warrant. An arraignment usually occurs within 48 hours after an arrest. At this time if the defendant has not been mirandized, they will advise them of their rights and of the charges against one. Bail will be set as long as the charge is not murder (2011). A judge can determine if he wants to impose bail for someone charged with murder. They will be given a date for their next court appearance and will be able to post bail and leave or if bail is denied will be remanded into custody (2011). In a state case the preliminary hearing is the next step. Within 7 to 10 days of the initial arraignment the preliminary hearing will take place. During this hearing a district judge will decide if the charges should be upheld. The prosecutions job is to prove that the charges are valid via a prima facie case. Witnesses and evidence will be provided by the prosecutor. The defense attorney does not provide any at this point. If the charges are federal charges an individual goes before a grand jury instead of a preliminary hearing. Grand jury trials are private hearings comprised of 23 citizens. The only one allowed to present in this hearing is the jury, prosecutor, and any witnesses the prosecutors deems necessary. The witnesses can only enter one at a time and have to leave immediately after giving there testimony. A formal arraignment takes place within 30 days from the hearing. At this arraignment a list of charges is recorded and the defendant pleads either guilty or innocent. If the defendant pleads innocent one will be scheduled for a pre-trial conference that will usually happen within the next 30 days. At this hearing the judge meets with both the prosecutor and the defendant and motions are filed. There is a phase known as the guilt phase. This phase comes about when a defendant chooses to not plea 'not guilty.' During this phase the defendant can choose to have an open plea, which means no prosecutor is involved, and they may be negotiated. A judge has to approve any pleas agreed upon by the defense and prosecution. Some of the pleas a defendant may state are a 'guilty' pleas that means they are admitting actual guilt, a 'no contest' or 'nolo contendre' plea that means no actual admittance of guilty but will accept the sentence handed down. Pleading conditionally is another option this means admitting guilt but keeping appeal options still available. The last type of guilt plea is the 'alford plea' means the defendant pleads guilty though claiming innocence. Usually this type of plea happens when the defendant states one is innocent but agrees to plead guilty to a lesser charge (2011). For the defendant which pleaded 'not guilty' the trial phase would be next. This phase begins with jury selection. The jury once selected and during trial will be kept sequestered or isolated from the medial to help allow impartiality. Once the trial begins the jury is instructed by the judge of what is expected of them. After this phase begins the open statements. The prosecutor begins this phase and is followed by the defense attorney. The open statements allow both attorneys to give a brief of the case before them and to get acquainted with the jury. The evidentiary section or case-in-chief follows. The prosecution presents any witnesses they may have in order to present the facts of their case. The defense attorney will have a chance to cross examine the prosecutions witness to try to discredit them. Once the defense is done with this witness the prosecution is given a chance to re-direct and clarify any issues the defense encountered. Once the prosecutor has presented their witnesses and evidence they can choose to rest their case. Once this is done the jury is usually excused and both attorneys can discuss evidence with the judge. If the defense attorney believes the prosecutor did not have enough sufficient evidence he can request a motion of demurrer that means to dismiss the charges due to lack of evidence (2011). The judge either accepts this or decides too further on with the trial (2011). If the trial is to continue then the defense attorney begins to present their defense. The defense will be doing the direct examination and the prosecutor the cross-examination. After the defense rests their case it is at this point that the prosecutor begins their counterargument. This allows the prosecutor to discuss the defenses evidence. Closing arguments begin once both sides have rested their cases. The defense goes first in a state case followed by the prosecution. In a federal case the opposite happens closing statements provided first by the prosecution followed by the defense. Closing instructions are provided to the jury by the judge. The jury is lead out of the courtroom into a designated area for them to review everything that was presented to them. The jury needs to come to an unanimous decision, and the judge will verify each jurors decision via a poll. Once the decision is reached court is resumed, and the decision is read to the defendant. If found 'not guilty' the defendant is allowed to go free (2011). If found guilty the defendant will be reprimanded into custody until sentenced that could either be right then or at another time and date (2011). An appeal is a request for the case to be reviewed by a court of law. This is done with the intentions of reversing a lower courts decision by a higher court. The appeal relates to the overall process by reexamining case facts to ensure no errors, or misconduct had occurred. This process can reconfirm a verdict, overturn a verdict, or send it back for a re-trial.

Reference
“Learn about the criminal trail process, from the arrest to the verdict, a step by step synopsis of a criminal court trail”, 2011, Retrieved from: http://www.essortment.com/criminal-trial-process- 24569.html on October 12, 2011.