A criminal case is where an individual is accused of behavior that could negatively impact society. Criminal cases are handled by the state, and prosecuted by a public official, called the “prosecutor,” who is either the district attorney or city attorney. The person who files the complaint in a criminal case is the accuser or victim and is called the plaintiff.
The prosecutor reviews the police report and decides whether to file misdemeanor or felony charges against the defendant. If they decide to charge the defendant, their office will prepare information that outlines the charges and submit it to a judge in an affidavit. The judge will then review the affidavit and decide if there is probable cause to arrest the defendant. If probable cause is found, the accused person will be arraigned.
During the arraignment, the defendant is told what crime they are being charged with and the maximum punishment they face. They will also be given a chance to enter a plea. They can choose to plead guilty, not guilty or no contest (nolo contendere).
The next step is a pre-trial conference, where the assistant prosecutor and defendant’s lawyer meet to see if they can agree on a plea bargain to avoid trial. If a plea is not reached, the case will continue to trial. During the trial, the prosecutor will have to prove that the defendant committed the crime beyond a reasonable doubt. If a guilty verdict is returned, the defendant will be sentenced by a judge.