The Steps in a Criminal Case. Step Four: After the Arraignment – Felonies

After the arraignment, the judge will hold a preliminary hearing (if the case does not get dismissed or isn’t settled) where the judge will decide if there is enough evidence against the defendant to prove that he’s committed a crime, thereby moving forward to trial. If the ruling is that the case will go to trial then the prosecutor will file a document called ‘The Information’ which will be used to arraign the accused a second time. During this time, the defendant will enter a plea and the case will move forward to trial.

Before this trial, the prosecution with exchange any information with the defense. The defendants will be restricted to what information they are about to access as a precautionary measure to protect all the witnesses involved in the case. The lawyers will have access to this information however to best present their case to the court.

Also at this time, both sides of the case will be able to file motions such as motions to cancel a complaint or to dismiss the case, etc. The defendant can change their plea before the trial as well and the judge and lawyers may go into discussions about how to avoid a trial all together and settle this case outside of court.

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