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The Criminal Justice System Process - An Overview
How The System Works
1. A crime occurs.
2. Either the victim or witness notifies the police department.
3. The police department conducts an investigation.
4. Once the investigation has identified an individual(s) as the suspect(s) who has committed the crime, and the police have developed sufficient facts, or probable cause, that this person is in fact the one responsible for committing the crime, an arrest is made.
5. At this point a complaint setting forth the basic details of what happened and the criminal statute violated is prepared in the municipal court where the conduct occurred and, depending on the nature of the violation and factors regarding the suspect, a Warrant or Summons is issued.
6. A warrant requires that the suspect be apprehended and taken into custody. Persons charged on a warrant are then held in jail throughout the process or are admitted to bail. Bail is the posting of something of value to permit the release of a suspect from jail designed to assure future appearance at all stages of the criminal process. If at any point the suspect fails to appear as required the bail is forfeited to the state and when apprehended the person is sent to jail.
7. A summons is a court order requiring the person to come to court to answer the charges filled against them.
8. Once a person is apprehended, they must be arraigned in municipal court within 72 hours. The purpose of this proceeding is to advise the suspect of the nature of the charges against them, their constitutional rights, and the nature of the criminal justice process.
9. The matter, if it is a DP or PDP offense, is scheduled for future proceedings and trial in the Municipal Court. If it is a Crime, the matter is forwarded to the County Prosecutor's Office and the Superior Court.
10. The role of the County Prosecutor is to further investigate the case as necessary, make legal decisions about the matter and decide on the appropriate disposition. Dispositions by the Prosecutor fall into three categories: The Prosecutor may find that the matter complained of is not a violation of the criminal statutes and can Dismiss the case outright. If the Prosecutor determines that a violation has occurred but that it is DP or PDP rather than a crime, the matter will be Remanded to the Municipal Court for ultimate disposition. Lastly, the prosecutor can determine that the matter involves a crime and should be ultimately disposed of in the Superior Court. In such instances, our state constitution requires that the Prosecutor present evidence to a Grand Jury to determine if the suspect should be formally charged with a crime and be required to answer for the same in Superior Court. A Grand Jury is a body composed of 23 citizens who are charged with the responsibility of reviewing the Prosecutor's case and decision and if they agree to issue formal charges against the suspect known as an indictment.
11. If an indictment issues from the Grand Jury, the defendant is sent a notice of this fact and is required to appear in the Superior Court to answer the charges.
12. The initial appearance is known as a "First Appearance" where the defendant is advised of the charges in the indictment, of their constitutional rights and a schedule of future proceedings is set. Usually, the defendant at this stage is given "Discovery" by the Prosecutor. Discovery requires the Prosecutor to supply the defendant with all the evidence that has been developed by the state that is to be used against the defendant the in court process.
13. The second major court date is called the Pre-Trial Conference. Here the defendant is given an opportunity to plead guilty in exchange for a specific sentence recommendation, pre-trial motions are listed and a trial date given.
14. An Assistant County Prosecutor now prepares the case for trial by interviewing witnesses, gathering reports, documentary evidence, lab reports and expert witnesses.
15. The trial is then conducted and if the defendant is convicted, a sentence date is set and a Pre-Sentence Investigation into the defendant, the defendant's background and criminal history, and victim impact is ordered.
16. At sentencing the Prosecutor can recommend to the Judge a sentence, the defendant is given a right to speak and victims are afforded an opportunity to address the court and sentence the defendant should receive. The Judge then sentences the defendant taking into account the information in the Pre- Sentence Report, the statements of the Prosecutor, victim and defendant and imposes sentence as provided by our Criminal Code.
