Federal & State Lawfederalstatelaw.com
All sourcesEncyclopedia

Criminal Procedure: From Arrest to Appeal

Federal & State Law Editorial Team

Step-by-step guide to the criminal justice process including arrest, bail, arraignment, plea bargaining, trial, sentencing, and appeals.

Criminal Procedure

Investigation and Arrest

The criminal process begins with a police investigation:

  • Police gather evidence through interviews, surveillance, forensics, and searches
  • An arrest requires probable cause — a reasonable belief that the person committed a crime
  • The Fourth Amendment protects against unreasonable searches and seizures
  • Miranda warnings must be given before custodial interrogation

    • Initial Appearance and Bail

    Within 24-72 hours of arrest:

  • The judge informs you of the charges
  • Bail is set based on the severity of the offense, flight risk, and danger to the community
  • The Eighth Amendment prohibits excessive bail
  • Some offenses may be held without bail (capital cases, certain violent crimes)

    • Charging Decision

  • Grand Jury Indictment: Required for federal felonies (Fifth Amendment). The grand jury decides if there's enough evidence to proceed.
  • Preliminary Hearing: In states that don't use grand juries, a judge determines probable cause at a preliminary hearing.
  • Information: The prosecutor files charges directly (for misdemeanors and in some states for felonies).

    • Arraignment

    The defendant appears in court to:

  • Hear the formal charges
  • Enter a plea: guilty, not guilty, or nolo contendere (no contest)
  • Most defendants plead not guilty at arraignment, even if they plan to negotiate a plea later

    • Pre-Trial

  • Discovery: Both sides exchange evidence. The prosecution must disclose exculpatory evidence (Brady v. Maryland).
  • Pre-Trial Motions: Motion to suppress evidence, motion to dismiss, motion for change of venue
  • Plea Bargaining: Over 90% of cases are resolved through plea agreements

    • Trial

  • Jury Selection: Both sides question and select jurors (voir dire)
  • Burden of Proof: The prosecution must prove guilt beyond a reasonable doubt
  • Sixth Amendment Rights: Speedy trial, public trial, impartial jury, right to confront witnesses, right to compulsory process, right to counsel
  • Verdict: Jury must be unanimous in federal cases and most state cases

    • Sentencing and Appeal

  • If convicted, the judge imposes sentence based on statutory ranges and sentencing guidelines
  • The defendant has the right to appeal errors of law (not factual determinations) to a higher court