What is the burden of proof in a criminal case?

For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

What happens after someone is indicted?

When a person is indicted, they are given formal notice that it is believed that they committed a crime. The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime.

What are the 10 steps in a criminal case?

10 Steps in The Federal Criminal Process

• Investigation.
• Charging.
• Initial Appearance / Arraignment.
• Preliminary Hearing.
• Discovery.
• Plea Bargaining.
• Pre-Trial Motions.
• Trial.

Who brings forth the charges in a criminal case?

Criminal charges are brought against a person in one of three ways: Through an indictment voted by a grand jury. Through the filing of an information by the prosecuting attorney (also called the county, district, or state’s attorney) alleging that a crime was committed.

What has to be proven in a criminal case?

Burden of Proof The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

How long do they have to arraign you?

Despite the Supreme Court ruling that initial appearances that are combined with probable cause hearings must be held within 48 hours of arrest, many jurisdictions provide a 72-hour window for arraignment. This allows for the timely arraignment of defendants nabbed over the weekend.

What is the difference between charged and indicted?

Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you.

What happens when you are charged with a federal crime?

Federal crimes, however, are not investigated by state police. Instead, these crimes are investigated by federal agents, such as the DEA or the FBI. They will make an investigation and arrest, often with the aid of the state police. Once the arrest is made, court proceedings can begin.

How do you know if the feds are investigating you?

THE OBVIOUS SIGNS

1. Knocking: This is the first and most common sign of a federal investigation.
2. Search Warrant: This is the second most common sign of a federal investigation.
3. Subpoena: Subpoenas are another tactic commonly used by federal investigators.

What happens before a criminal case gets to the courtroom?

A lot happens in the criminal justice system before a criminal case ever gets to the courtroom. First, something has to have happened to involve the system. Specifically, there needs to be a suspected violation of the law. Someone needs to have done something or been suspected of doing something illegal.

What happens if you are found guilty of a criminal charge?

These are serious charges, and a sentence could be harsh if you are convicted (found guilty). A record is kept if you are convicted and this might affect your employment options. You are not allowed to be represented by someone who is not a qualified lawyer. Who is in charge of what happens in my case in court?

How many people are present at a criminal trial?

In criminal trials, there is usually a jury present. The jury consists of people who have been questioned beforehand and deemed to be able to provide an objective view. A jury consists of twelve members and often a few alternates in the case that any of the original jury members need to be dismissed.

Who decides which charges to file in a criminal case?

Ultimately, the prosecutor reviews these reports and decides which charges to file. The prosecutor then drafts a charging document called a Complaint or Information, which is then filed with the Court. The initial appearance is the defendant’s first time in court, and is supposed to happen within 48 hours of arrest.