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If you are dealing with a criminal case, it is important to understand the process and what to expect. This can be overwhelming, especially if you have never been through the process before. Here's a guide to each step of taking a criminal case to trial, to help you feel confident about moving forward with your case.

A criminal case is a formal accusation made against an individual by the government. The accused is then tried in court to determine whether or not they are guilty of the crime. Examples of criminal cases include things like murder, robbery, or assault. If you have been accused of a crime like this, it may fall under state law or federal law. It is important to get proper legal representation in instances like these, because the penalties for these crimes if you are found guilty can be significant. A criminal conviction is likely to impact your freedom, your ability to find a good job, and your personal relationships – read more here.

If you're in a situation where you have a criminal case going to trial, here's what you should expect to happen.

Investigation

The first step in any criminal case is an investigation. The police will look into the allegations made against you and try to gather evidence. This may include things like interviewing witnesses, collecting DNA evidence, or looking at surveillance footage. If the police believe they have enough evidence to prove that you committed a crime, they will then arrest you and charge you with the crime.

Arraignment

The first step in taking a criminal case to trial is the arraignment. This is where the defendant is formally charged with a crime. They will then enter a plea of guilty or not guilty. You should discuss the consequences of entering either a guilty or not guilty plea with your lawyer, as it is important to understand this before you proceed. If you plead guilty, you will be sentenced at this time. If you plead not guilty, the case will move on to the next step.

Discovery

The discovery part of a trial is when both sides (the prosecution and the defense) share evidence with each other. The evidence that is shared can be anything from witness statements to police reports. Examples of evidence that might be requested for an assault case could be things like surveillance footage or text messages. These requests can be made for a variety of reasons, but the most common one is to try and get an advantage for the upcoming trial. Examples of evidence that might be requested for a murder includes autopsy reports or DNA evidence.

Plea Bargaining

This part of the process is when the prosecutor and the defense lawyer try to come to an agreement outside of court. The benefit of plea bargaining is that it can avoid a trial altogether. It can also result in a lighter sentence if the defendant pleads guilty. The downside is that it can be difficult to negotiate a plea bargain, and it may not be possible in every case. Reasons a plea bargain might not work out include if the prosecutor believes they have a strong case, or if the defendant is not willing to accept a plea bargain. 

Preliminary Hearing

A preliminary hearing is a hearing that takes place before the trial. The purpose of this hearing is to determine if there is enough evidence for the case to go to trial. This hearing is held in front of a judge, and both sides will present their evidence. After the hearing, the judge will decide if the case should proceed to trial or be dismissed.

Pretrial Motions

Pretrial motions are requests made by either the defense or prosecution to the judge before the trial begins. These could be things like asking for certain evidence to be thrown out or requesting a change of venue. Once these motions are dealt with, it's time for jury selection.

Jury Selection

Jury selection is exactly what it sounds like: the process of choosing the jury that will hear the case. This is done through a series of questions asked by both sides. The purpose of these questions is to try to find people who are impartial and would be able to make a decision based on the evidence presented in court. Reasons jury members will not be accepted include things like having a personal connection to the case or a concern they won't be impartial due to a particular viewpoint they may express.

Trial

The trial is where both sides present their evidence and argument to the judge or jury. The goal of the prosecution is to prove beyond a reasonable doubt that the defendant is guilty of the crime they have been charged with. The defense will interrogate the legitimacy of the prosecutor's case and create reasonable doubt about the defendant's guilt. Once both sides have presented their case, the judge or jury will deliberate and come to a verdict of guilty or not guilty. If they find the defendant guilty, they will be sentenced at this time.

Appeal

If the defendant is found guilty, they have the right to appeal the decision. An appeal is a request made to a higher court to overturn the decision of the lower court. The appeals process can be long and complicated, so you should discuss this with your lawyer if you are considering taking this route.