How to Charge Someone with a Crime?

The general process for initiating criminal charges against an accused is as follows:

• Arrest 
• Initial Appearance 
• Bringing Charges
• Arraignment 
• Trial Burden 

Each step of the criminal process may vary slightly among jurisdictions. 

Prosecution of a violation of criminal law is carried out in an Article III court (judicial branch court). 

Article I courts (administrative courts) do not prosecute violations of criminal law.

• Note: States establish a special court, juvenile court, to handle criminal infractions by adolescents.

What is an Arrest?

An arrest is the first step of the prosecutorial process. It involves the physical detention of an individual. If the defendant is an organization, the arrest may be carried out through injunctions against continued business operations. The arrest takes place pursuant to some form of legal authority. This may include the arresting individual witnessing criminal activity or pursuant to an arrest warrant.

What is the Initial Appearance? 

Once an individual is arrested, she has a right to be informed of the charges against her. As such, the defendant must go before a judicial officer within a statutory period (generally 72 hours) to receive notice of the charges.

How to Bring Criminal Charges?

To bring formal charges against someone, the case is handed over to the prosecuting officer of the court. 

The prosecuting attorney may have any number of titles (solicitor, district attorney, etc.). 

This prosecuting officer orchestrates the process for bringing charges against a defendant in the name of the people of that jurisdiction. 

For example, the charges may read, US v. John Smith or State of Georgia v. John Smith. 

What is Filing an Information?

The Prosecutor has the decision-making authority to bringing charges against the defendant in a misdemeanor case. A prosecutor must file an information with the court to begin prosecution of a misdemeanor. 

What is a Grand Jury Indictment?

The prosecutor must submit the matter to a grand jury to bring felony charges against a defendant. 

The grand jury decides to bring felony charges against a defendant, this is known as handing down an indictment.

What is an Arraignment?

The arraignment is the first appearance by the defendant before the court to answer the criminal charges. 

At the arraignment, the court will review the defendants rights and accept the defendants plea. The plea will either be: 

• guilty, 
• not guilty, or 
• nolo contendere (no contest). 

If the defendant pleads guilty (or no contest), the court will set a trial date for sentencing. If the defendant pleads not guilty, the court will set the matter for trial.

What is the Burden of Proof in a Criminal Trial? 

To convict a defendant of a crime, the Government bears the burden of proof and the burden of persuasion. 

The burden of proof means that the Government must demonstrate sufficient evidence to demonstrate each element of the charged offense. 

The burden of persuasion means that evidence must be sufficient to convince a jury that the defendant is guilty beyond a reasonable doubt.

Related Topics

• Criminal Law (Intro)
• What is Criminal Law?
• What are the elements of a crime?
• Classifications of crimes Misdemeanor vs Felony Criminal Charges?
• What is the process of bringing criminal charges?
• Cease and Desist Order
• What is the process for executing an arrest?
• What are the exceptions to reading Miranda Rights?
• What is the process for initiating criminal charges?
• Prima Facie
• What is the Arraignment and Initial Appearance
• Investigation - Subpoena
• Common Defenses to Criminal Conduct
• Ex. Castle Doctrine
• Types of Punishment for Criminal Activity
• Theories Behind Criminal Punishment
• Federal Sentencing Guidelines
• What are the 4th Amendment protections against Search and Seizure?
• What are the 5th Amendment criminal law protections?
• What are the 6th Amendment criminal law protections?
• What are the 8th Amendment criminal law protections?
• Crimes Against the Property of Others
• Activity Constituting Fraud
• Good Faith as a Defense to Fraud
• Common Types of Business Fraud
• False Statement as a Criminal Charge
• Conspiracy as a Criminal Charge
• Obstruction of Justice as a Criminal Charge
• Aiding and Abetting or Conspiracy to a Crime

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• Defalcation
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• Racketeer Influenced and Corrupt Organization Act
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• The False Claims Act
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