The Criminal Court Process

Understanding the criminal justice system is key to understanding your rights as a victim and when these rights are triggered. Below is an overview of the criminal court process, key terms, and additional important information.

The Pre & Post Conviction Stages of a Criminal Case

Criminal prosecution is a series of stages that are in place to protect everyone’s rights in the criminal justice system.

Attending and Testifying in Court

Victims, families, friends, and the public may attend court proceedings to watch legal arguments, testimony, and court rulings.

To comply with court etiquette please:

Dress neatly
Do not wear or display buttons or other items identifying the victim.
Leave drinks, food and gum outside the courtroom.
Stand when instructed to do so by the bailiff or judge.
Refrain from talking inside the courtroom.
Do not speak near a member of the jury or attempt to talk to or communicate with jurors.
When the verdict is being read, refrain from any verbal outbursts or other disruptive reactions. The judge may exclude from the courtroom persons who cause a disturbance.
Avoid confrontations and attempts to communicate with the defendant and his/her family.
Promptly notify police and court officials of threats, intimidating behavior or attempts to dissuade a victim or his/her family from taking part in proceedings. In criminal homicide cases, graphic photos of the victim may be presented as evidence.
Certain family members may consider leaving the courtroom before the presentation of this evidence.

When called to testify in Court by either the prosecutor or defense attorney:

Always tell the truth.
Listen carefully and answer only the question asked; answer “yes” or “no” if the question calls for it; and do not volunteer additional information.
Ask that the question be repeated if it is confusing or not understood; and not guess if he/she does not know the answer.
Be patient and courteous answering attorneys’ questions – both attorneys are allowed to question witnesses.
Ask to review his/her prior statements related to the case – such as statements to police – before taking the stand; be prepared to answer questions about them.
Wait until the judge tells him/her to answer the question when an attorney objects to a question.
Speak loudly and clearly.

Key Legal Terms

Simplifying the legal process so that you and your loved ones are as prepared as possible to face anything.

Acquittal: A final determination by a judge or jury that the prosecution did not prove the defendant was guilty beyond a reasonable doubt.
Arraignment: A court proceeding at which a defendant is brought before a judge, informed of the charge(s) against him/her, and a plea – usually not guilty – is entered.
Closing Argument: After all testimony and evidence has been presented at trial, the prosecutor and defense lawyer each makes a final statement summarizing his/her case.
Complaint: A document filed by the prosecution accusing the defendant of committing crimes and/or allegations.
Continuance: A delay in court proceedings ordered by a judge for a variety of reasons.
Conviction: A final determination that the Defendant committed the crime(s) as charged. A conviction occurs when a judge or jury finds the Defendant guilty or when the Defendant pleads guilty or no contest.
Felony: A crime that may be punished by a sentence to prison or jail.
Grand Jury: A 23-member panel of citizens empowered to hear evidence presented by the prosecution and issue charging documents, which are called indictments.
Misdemeanor: A crime that is punishable by no more than one year in county jail or generally a $1,000 fine.
Motion: A written or verbal request asking a judge to make a legal ruling in a case.
Opening Statement: Before any testimony or evidence is presented at trial, the prosecutor and defense lawyer each makes a statement outlining evidence he/she expects to present.

Plea: A Defendant’s answer to the charge(s) against him/ her. A defendant may plead not guilty, guilty or no contest.
Preliminary Hearing: A court proceeding in felony cases where witnesses testify and the judge determines whether there is a reasonable suspicion that the defendant committed the crimes charged.
Presumption of Innocence: All defendants are presumed innocent of a crime. A defendant can only be proven guilty if the prosecutor proves their guilty beyond a reasonable doubt. The defendant never has to prove he or she is innocent.
Reasonable Doubt: : A standard of proof that must be overcome to find a Defendant guilty of a crime; a doubt based on reason and common sense after careful and impartial consideration of all the evidence.
Restitution: At sentencing victims have a right to an Order for Restitution for all crime related losses.
Sentencing: A court proceeding at which a judge determines the punishment for a defendant convicted of a crime. This may include a prison, jail or probation term or other conditions.
Subpoena: A legally binding order to appear in court.
Testimony:
• Direct Examination is the initial questioning of a witness by the attorney who called that person to testify. Both prosecutors and defense lawyers may call witnesses.
• Cross-Examination is the questioning of a witness by the opposing lawyer who did not call that person to testify. Cross-examination is intended to clarify or discredit testimony given during direct examination.
Direct Examination is the initial questioning of a witness by the attorney who called that person to testify. Both prosecutors and defense lawyers may call witnesses.
Cross-Examination is the questioning of a witness by the opposing lawyer who did not call that person to testify. Cross-examination is intended to clarify or discredit testimony given during direct examination.
Verdict: The jury’s final unanimous decision determining if a defendant is guilty or not guilty. If jurors cannot reach a unanimous verdict, a judge will declare a mistrial and the Defendant may face a new trial before a new jury.