A criminal case begins when a charging document (complaint, arrest warrant or citation) is filed with the court. It sets forth the crime(s) the defendant is accused of committing. The prosecution, which is usually the district attorney or city attorney files it as a representative of the state. This is different from a civil claim which is brought by a private party.
After a period of discovery, both sides are ready to go to trial on the misdemeanor or felony charges. The defense can call witnesses and present evidence to help the client. The client can decide to testify or to remain silent. The client can also choose whether they want to take the stand and be cross-examined by the prosecutor. At the end of the case both attorneys give closing arguments to the jury. The jury then decides the verdict if a guilty or not guilty verdict is reached.
If a guilty verdict is reached the defendant will be sentenced by the judge. It is possible to appeal the decision but this can be very complicated. If a not guilty verdict is reached the judge may grant a motion for a new trial. This will require the parties to submit briefs. A brief is a written document that includes the facts of the case, arguments supporting the defendant’s view and binding authority (case law or statutes). This can be very complicated so it is important to have an experienced lawyer.
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