Steps in Criminal Procedure

Question	Answer
Step 1: Crime	any violation of the criminal law; contains elements that must be proven independently beyond a reasonable doubt (BRD)
Step 2: Arrest	physical taking into custody of an alleged violator
Step 3: Initial Appearance	felony or misdemeanor notice; first judicial contact, no lawyer present; told of preliminary charges
Step 4: Bail	promise that, if released, they will appear at trial or forfeit cash, property, and freedom
Step 5: Preliminary Hearing	pre-trial procedure, typically for felonies, with a probable cause determination by a judge; lawyer is present
Step 6: Charging	can come before or after the preliminary hearing, where formal criminal charges are announced
Step 7: Grand Jury	group of citizens validate probable cause
Step 8: Arraignment	informed of formal charges; required to enter a plea
Step 9: Discovery	formal and informal exchange of information
Step 10: Plea Negotiations	where most criminal cases plea out; formally discussing a bargain between the defense and the prosecution
Step 11: Trial	fact-finding process through adversarial methods
Step 12: Sentencing	after guilt is proven beyond a reasonable doubt, punishment is imposed
Step 13: Appeal	after conviction, a review of lower court decisions and procedures

Resource summary

	Created by Erin Harrison over 7 years ago