I. Initiation Process
A misdemeanor criminal prosecution may be initiated in three ways. First, the prosecutor may file a complaint. The complaint must include all essential elements of the crime to give the accused notice of the charge. Second, an officer may initiate the process by filing a citation and notice to appear. Third, in some circumstances a citizen may initiate criminal charges.
II. Arraignment
An arraignment generally refers to the first step in the criminal legal process wherein an accused is called to court, his/her identity is established, he/she is informed of the charge/s against him/her, and he/she is called upon to plead to that charge. Counsel is required at this stage.
A misdemeanor defendant shall be arraigned not later than 15 days after the complaint is filed in court.
Right to a Speedy Trial
If defendant remains in custody after arraignment, he must be brought to trial within 60 days of the arraignment. If he is released from jail, he must be brought to trial within 90 days of the arraignment.
III. Pre-Trail Hearing
A Pre-Trial hearing date is set at arraignment. The Pre-Trial hearing is set to determine the status of a case: (a) If negotiations have been successful a plea may be entered and a sentencing date will be scheduled; (b) If more time is needed for investigation or negotiations the Pre-Trial hearing may be continued; (c) If negotiations are unsuccessful a Readiness hearing and Trial can be set at the Pre-Trial hearing.
IV. Trial
- Jury Selection (Voir Dire)
- Opening Statements
- Examination of Witnesses
- Jury Instructions
- Closing Arguments
- Verdict
V. Sentencing Hearing
VI. Appeal
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