A criminal case involves allegations of an offense. The government initiates the case, through a prosecutor in coordination with law enforcement agencies. The government can only file criminal charges against an individual if they have sufficient evidence of wrongdoing, such as witness testimony and physical or electronic evidence.
If the Prosecuting Attorney determines there is probable cause to charge an accused person with a crime, they will prepare information outlining the charge and submit it to the court in a probable-cause affidavit. The judge will review this information and determine whether they have probable cause to arrest the defendant and bind them over for trial. The judge will also set bail (bond) at this time. Bail is a sum of money or other property a defendant must give the court in order to be released from jail during the criminal case. Depending on the county, the judge may set the bond amount according to a formula and consider factors such as the seriousness of the offense, the accused’s prior convictions, the likelihood that they will flee the country, and their ability to pay the bail amount.
Before the trial, a defendant can negotiate with the prosecution to plead guilty to one or more of the charges against them in exchange for a lighter sentence. The defendant’s lawyer can make this request to the judge during a pretrial conference or at arraignment. During the arraignment, the judge will advise the defendant of the charges against them and read those charges into the record. At this time, the defendant can ask for a public defender to represent them if they cannot afford their own lawyer.
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