The System

How a Case Goes Through the System

Most cases begin with an arrest. After arrest, the case is sent to either the County Attorney or the District Attorney for further investigation. Misdemeanors are prosecuted by the County Attorney and felonies are prosecuted by the District Attorney. The prosecutor evaluates the case and decides what crime to charge. In a misdemeanor, the charge is called an information. However, in a felony case there is an additional step. The District Attorney presents evidence to a Grand Jury, this usually just consists of an Assistant reading the police report to the Grand Jury. The Grand Jury then decides whether or not there is enough evidence to justify continuing prosecution. If the Grand Jury decides there is a case, they vote an indictment, which is then filed in District Court.

After the complaint or indictment has been filed in the appropriate court the case is set on the court's docket.

Cases move through the courts in five steps. Step one is designation, where the lawyer can look at the prosecutor's file. Next comes a pretrial hearing without witnesses or a pretrial conference which gives the lawyer more time to review police reports and witness statements. This is also usually when the prosecutor makes a plea bargain offer. The third step is the trial before the court without witnesses. By this time both sides have pretty much figured out what they want and are ready to go to either the plea docket or the trial docket. The forth step is either a guilty plea or a jury trial. Most cases do not go to trial on the first jury trial date. This is because there are not enough courts to try all of the cases pending. Finally, the case will be set for sentencing, although in some cases plea and sentencing are done on the same date.

There are other settings in addition to the basic five. If there are legal matters to be decided before trial the judge will order a pretrial hearing with witnesses. If both the defendant and the State agree that the case can be decided by a judge rather than a jury, the court will set a trial before the court with witnesses, also known as a "bench trial."