Steps in a Criminal Case: Arrest to Appeal

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From making bail after an arrest to plea bargain strategies and sentencing guidelines, this section walks you through every key step in a typical criminal case, and lets you know what to expect.

Going in and Getting out of Jail

Learn all about the jail process, from booking to bailing out to release on your own recognizance.

Jailhouse Booking
Learn all about the booking process after an arrest.
Bailing Out of Jail
Learn how bail is set, how to get it lowered, when to use a bond, what happens if you jump.
Release on Your Own Recognizance, or "OR"
Sometimes arrestees will be released without any need for bail.

Early Stages of a Criminal Case

Learn about how criminal cases get started and what happens at initial proceedings.

How Criminal Cases Get Started
It's up to prosecutors whether to file charges. Read about the process of "pressing charges."
Grand Juries
Prosecutors can use grand juries to start criminal proceedings against a target.
Arraignments
Arraignment is the formal presentation of criminal charges to a defendant.
Preliminary Hearings
Preliminary hearings test the sufficiency of the prosecution's evidence: Is there enough to warrant a trial?

Plea Bargains MORE

Prosecutors and defendants are often willing to strike a deal. Learn about the various aspects of plea bargains.

The Basics of a Plea Bargain
Every courthouse has its system for resolving cases short of trial.
Withdrawing a Guilty Plea in a Criminal Case
Defendants who wish to withdraw their guilty pleas face an uphill battle.
Can the judge reject my plea deal?
The lawyers agreeing to a deal isn't the end of the story: Judges have to stamp plea agreements.

Criminal Trials MORE

Criminal trials involve a unique set of rules designed to uncover the truth while protecting defendants’ rights. Learn about the trial process here.

Criminal Trial Procedures: An Overview
Most criminal trials follow a uniform set of procedures. Here's a step-by-step guide to the process.
Criminal Defendants' Rights During Trial: The Bill of Rights
Learn about the constitutional rights that protect criminal defendants.
Criminal Trial Publicity
Criminal trials generally must be accessible to the public, but there are exceptions.

Sentencing

What’s the sentence? Unfortunately, there’s no quick answer, but here you’ll learn what goes into a sentencing determination.

What's the Sentence for this Crime?
Jail? Fines? Community Service? Learn about the possibilities and the factors involved in determining a sentence.
Sentencing Hearings and Probation Reports
Sentencing hearings can be quick ("Time served!") or detailed affairs involving testimony from victims and a presentence (probation) report.
Diversion and First Offender Options for a Criminal Charge
Diversion and first offender programs allow you to avoid a trial and possible conviction.
Probation
Probation is a deal with the court: Obey these rules, stay out of jail.
Jail, Prison, Fines, Community Service, and Alternatives
Judges often have many options when sentencing convicted defendants.
Three Strikes Laws
Three strikes laws trigger stiff sentences for offenders with specific kinds of previous convictions.

Victims' Rights MORE

Learn all about options for victims of crime.

Victims' Rights in Sentencing
Victims' rights statutes provide victims with certain opportunities in criminal proceedings. Among them is the option of participating in the sentencing determination.
Crime Victim Compensation
Crime victim compensation statutes attempt to help victims who would otherwise be left in the lurch. Victims can submit claims and receive money for the financial losses they've suffered as a result of certain crimes.
Restitution Law for Victims of Crime
Restitution is designed to compensate crime victims for their losses. Learn about the kinds of expenses and people that restitution covers.

Appeals in Criminal Cases MORE

All about the nature and process of criminal appeals.

Appealing a Conviction
An acquittal ends a case, but convictions are subject to appeal. Learn about the appeals process here.
Appeal Basics
Criminal convictions are often followed by appeals, which are quite different from trials.
Appeals: Timeline and Process
Criminal appeals involve detailed procedure. They typically take months, if not longer, to play out.

Writs in Criminal Cases MORE

Appeals aren't the only way for criminal defendants to seek review by appellate courts: Writs can be invaluable tools, too.

Criminal Writs
Writs involve review by appellate courts, but they're different than appeals.
The Writ of Habeas Corpus
Habeas corpus is a way for prisoners to challenge their convictions or conditions of confinement.
Habeas Corpus and Innocence
Habeas corpus can provide an avenue for defendants to try to establish their innocence.