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What are the Stages in a Criminal Case?

Updated: Oct 24

Introduction


Navigating the U.S. criminal justice system can feel overwhelming, especially when you or a loved one is facing charges. At Peter Johnson Law, P.C., we believe knowledge is power. That’s why we’ve broken down the criminal justice process into 14 stages—so you know what to expect, from investigation through post-conviction remedies.


The following is a summary of what you should expect in a criminal case. Many variables can change the speed or course of the case, including settlement or plea negotiations and changes in law. However, this timeline will hold true in the majority of felony criminal cases. 


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1. Report and/or Investigation

  • A case typically begins when law enforcement investigates a complaint, suspected crime, or official report.

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2. Arrest and Booking

  • If authorities have probable cause, the individual is arrested, fingerprinted, photographed, and formally entered into the system.


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3. Decision to Prosecute

  • Prosecutors review the evidence to decide whether charges should be filed.

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4. Initial Appearance and Detention Hearing (Bail)

  • The accused appears before a judge for the first time. Bail may be set or denied.


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5. Grand Jury or Preliminary Hearing

  • In felony cases, prosecutors present evidence to a grand jury or the court holds a preliminary hearing to determine if there’s enough evidence to proceed.


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6. Indictment or Information

  • Formal charges are filed through an indictment (by a grand jury) or information after a preliminary hearing (by the prosecutor).

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7. Arraignment and Pleas

  • The defendant hears the charges and enters a plea—guilty, or not guilty.

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8. Pretrial Motions

  • Attorneys may file motions to suppress evidence, dismiss charges, or request other rulings that shape the trial.

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9. Plea Negotiation

  • Many cases resolve through plea bargains, where defendants agree to plead guilty to reduced charges in exchange for a lighter sentence.

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10. Trial

  • If no plea agreement is reached, the case goes to trial, where the prosecution must prove guilt beyond a reasonable doubt.

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11. Post-Trial Motions

  • After trial, the defendant may challenge the verdict or seek a new trial based on legal errors.

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12. Sentencing

  • If convicted, the judge imposes a sentence—ranging from probation to fines, community service, or imprisonment.

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13. Direct Appeal

  • Defendants have the right to appeal a conviction or sentence, arguing legal errors affected the outcome.

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14. Post-Conviction Remedies

  • Even after appeals, individuals may seek post-conviction relief to challenge unlawful convictions or sentences.


Conclusion


While the stages above represent the standard path of a criminal case, the order is not always fixed. Some steps may overlap, or occur earlier or later, depending on the circumstances of the case. If you or a loved one need guidance on a specific case at one of the above stages, call us. We’re here to help. 



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