The process typically includes the following stages:
- Investigation: Law enforcement agencies investigate alleged criminal activities, gather evidence, and identify suspects. This may involve interviews, searches, and surveillance.
- Charge: If sufficient evidence is found, a formal charge is made against the accused. This can be done through an arrest or the issuance of a criminal summons.
- Pretrial Proceedings: Before the trial, several legal motions may be filed, such as motions to dismiss charges or suppress evidence. A preliminary hearing may also take place to determine if there is enough evidence to proceed to trial.
- Trial: During the trial, both the prosecution and the defense present evidence, examine witnesses, and make arguments to persuade the judge or jury. The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.
- Verdict: At the conclusion of the trial, the judge or jury renders a verdict. If the defendant is found guilty, the court will proceed to sentencing. If found not guilty, the defendant is acquitted.
- Appeals: If either party believes there were legal errors during the trial, they may file an appeal to a higher court. Appeals do not involve a retrial but review the legal process for fairness and accuracy.
Criminal litigation can involve various types of crimes, including felonies, misdemeanors, white-collar crimes, drug offenses, and violent crimes. The accused person (defendant) may be represented by a defense attorney, while the government or the state prosecutes the case. Depending on the jurisdiction, criminal cases may be heard in lower courts, district courts, or specialized courts for specific types of crimes.