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Journey Through The Criminal Justice System

Though every situation is unique, and the process does not always follow a precise order or timeline, your journey through the criminal justice system will go something like this:

BOOKING

Upon your arrest, you will be taken to the police station and “booked.” Booking is the process of identifying you and recording the fact of your arrest. You will be photographed and fingerprinted, and an officer will ask you a series of “pedigree” questions, including questions about where you live, where you work, and your immigration status.

POST-ARREST INVESTIGATION

In addition to booking you, the police may use their access to you to undertake further investigation. Depending on the reason for your arrest and the nature of the alleged crime, they may:

• Place you in a line-up.
• Take handwriting samples and voice exemplars.
• Collect your hair or saliva for testing (but only with a court order or warrant).
• In a drunken-driving case, ask you to submit to a breathalyzer and blood draw.
• Swab your cheek for DNA collection.
• Seek consent to search your property.
• Interrogate you.

INITIAL APPEARANCE

Shortly after you are arrested and booked, you will be taken to court for your first appearance before a judge or other judicial officer (with, perhaps, a stop along the way for you to be interviewed by a bail agency). At this initial appearance, the judge will review the charges against you to determine whether there is probable cause to hold you.

• Notice and explanation of the charges against you.
• A copy of the charges.
• Notice of your legal rights, especially your right to remain silent and your right to counsel.
• Representation by counsel or appointment of counsel.
• A bail determination.
• Setting of a preliminary hearing date.

If you are charged with a misdemeanor, you will enter a plea. If you plead “guilty,” the judge will impose a sentence or set a date for a sentencing hearing. If you plead “not guilty,” the judge will determine a bail amount and set a trial date.

In a felony case, you will not enter a plea. The judge will hear arguments on bail, and will either set bail or return you to jail to await trial. The judge also will set a date for a preliminary hearing.

PRELIMINARY HEARING

The next stop on your journey through the criminal justice system is the preliminary hearing. At the preliminary hearing (sometimes called an “arraignment”), the judge will determine whether there is probable cause to believe that (1) a crime was committed; and (2) you committed that crime.

If the judge finds no probable cause, the matter will be dismissed and you will be released. If the judge does find probable cause, you will enter a plea of “guilty” or “not guilty.” A plea of guilty is normally entered at this stage only if you and your criminal defense lawyer have negotiated a plea bargain with the State. Assuming you plead “not guilty,” your case will proceed to trial (though it still may be resolved before trial by means of a plea bargain).