What is the first step in the legal process if someone is charged with a serious crime quizlet?

• Arrest (1st step) Suspect is taken to the police station and booked (1st step)
• Hearing (2nd step) Suspect appears before a judge and bail is set (2nd step)
• Indictment (3rd step) ...
• Arraignment (4th step) ...
• Trial (5th step) ...
• Acquittal or sentencing (6th step)

Which legal process takes place first in a criminal trial?

Arraignment. An arraignment is your first formal court appearance following an arrest. It is essentially a hearing held in front of a judge. The arraignment is where the court reads you the charges that the D.A. has filed against you.

What is the first step of the trial process?

Opening Statements

The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.

What is an order to bring a jailed person before a judge?

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

What is the criminal justice process in order?

What is the first thing a judge says in court?

The bailiff announces when a judge enters a courtroom by saying, “All rise!” to show respect. Everyone stands until the judge says, “Please be seated.”

What three elements must be shown by a prosecutor to convict an accused person of a crime?

Elements of a Crime

In general, every crime involves three elements: first, the act or conduct ( actus reus ); second, the individual's mental state at the time of the act ( mens rea ); and third, the causation between the act and the effect (typically either proximate causation or but-for causation ).

What is the standard of proof in a criminal case?

The California court applies the clear and convincing evidence standard in personal injury cases in which the plaintiff is seeking compensatory damages and punitive damages. The highest standard of proof, beyond a reasonable doubt, is what the courts require in criminal cases in the state.

In what type of punishment does the offender directly compensate the victim?

The court orders a direct order of restitution to pay back the victim(s) of the crime. The amount of the direct order is based on the amount of the loss each victim suffered as a result of the crime. There is no maximum amount a judge can order for this type of restitution.

Does turning yourself in reduce your sentence?

There are so many things that factor into sentencing that there is no way to say “turning yourself in will cut off 2yrs or 60% of your sentence.” In general, in the US plea deals result in less harsh punishments because you are saving the state the time, money and uncertainty of a trial.

Can you sue the police if charges are dropped?

Q “Can you sue the police department if they arrested you and then the charges were dropped by the court?” You can sue the police (successfully) if they acted unlawfully, but if the court dismissed the charges (not dropped them - that's what prosecutors do), that is insufficient on its own.

What is the first step in the court process?

What three conditions must be present before a prosecutor charges a criminal case?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

What are the four things that occur at the first appearance?

First, the judge will ask if you are the person named in the complaint. Second, the judge will make sure that you have been advised of and understand your constitutional rights. Third, the judge will ask if you understand the charges against you. Last, the judge will set release conditions.

What is the judge's order?

An "Order" is a separate document that a judge signs which sets forth the judge's ruling on a motion. A "Judgment" is a separate document that a judge signs and sets forth the judge's ruling at the end of an adversary proceeding.

What is a detain order?

A detention order is a type of court order that can be made at a bail hearing. If the judge or justice of the peace makes a detention order, you will remain in custody until your case is finished, or you are released on a bail review.

What are the most common legal terms?

What refers to the highest level of proof required to win a case?

beyond a reasonable doubt. Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.

What are the 7 basic steps in a criminal case?

How much evidence is needed to go to trial?

There is no specific set amount of evidence needed, other than there needs to be enough to prove the charge beyond a reasonable doubt. If you are a new attorney in California, I highly recommend investing in CEB book, California Criminal Law Procedure and Practice book.