A criminal case starts when the government accuses a person of committing an offense against the law. This person is known as the defendant, and the lawyer who works for the government is called the prosecutor. Whether or not the case ends up going to trial, every case has its own unique set of circumstances.
Whether in the state or federal courts, most cases begin with a police investigation of a complaint of criminal activity by either the victim or a witness. The information the police gather will then be turned over to the Prosecutor, who decides whether to file charges.
If the Prosecutor chooses to file charges, the defendant will be notified by letter or a summons. The defendant must appear at a court hearing to be advised of the charge and his/her rights. This is called a “first appearance.” If the defendant cannot afford to hire an attorney, the court will determine if it will appoint one for him or her.
Before a trial begins, the attorneys for the prosecution and defense will exchange what are called “discovery,” which usually includes documents, recordings and statements made by witnesses in connection with the case. The attorneys will also file pretrial motions, which are requests for rulings from the judge before the case goes to trial.
Most felony and some serious misdemeanor cases never go to trial, as the prosecution and defense may reach a plea agreement. Plea agreements generally cover which charges the defendant will plead guilty to, and sometimes include many details of the sentence that will be imposed.