Criminal Justice Process

Criminal Justice Process: The following is an outline of the Criminal Justice Process to assist crime victims in understanding the steps a case may take. Please remember that each case is unique. The process for cases with Juvenile Offenders is slightly different. Contact the Victim Assistant assigned to your case to find out case specific information.

Investigation/Citation/Arrest - When a crime is reported, Law Enforcement will usually interview the victim, suspect, possible witnesses and collect any physical evidence. If there is probable cause to believe a crime was committed, the suspect is given a citation with an Arraignment court date or arrested and booked in the Jefferson County Jail.

Pre-Trial Release - If arrested, the suspect may post security (a sum of money) to be released and will sign a Release Agreement. Typically, the Release Agreement contains a No Contact Order between the victim and suspect. If the suspect violates the No Contact Order, you should report it to Law Enforcement immediately. A report to the District Attorney’s Office is not considered a report to Law Enforcement. Release may happen right after the suspect posts security or it may happen immediately following a court hearing. See Offender Location to be notified of suspect release from the jail and contact your Victim Assistant to request advance notice of Release Hearings.

District Attorney - The case is assigned to a Deputy District Attorney to decide what charges, if any, should be brought against the suspect. Only the District Attorney or Deputy District Attorney (not the victim) can charge the suspect. A Victim Assistant is also assigned to the case to assist the victim. If charged, the suspect is now referred to as the defendant.

Arraignment - The defendant is informed of the charges and obtains an attorney. The possibility of release from jail will be discussed and either the defendant will be released, or security will be set.

Grand Jury (Felony cases only) - The Grand Jury is a group of citizens randomly selected from the community. The function of the Grand Jury is to hear evidence of the charged crime and determine whether there is sufficient evidence to allow the case to move forward. If the Grand Jury determines that there is sufficient evidence to believe that the defendant committed the crime, an Indictment is issued listing the criminal charges. Victims usually must testify before the Grand Jury. Some felony cases go straight to Grand Jury without an initial arrest or Arraignment. If the defendant was not arrested prior to Grand Jury, a warrant for their arrest will be issued.

Arraignment on Indictment (Felony cases only) - The defendant is informed of the Indictment charges and given another court date. The possibility of release from jail may be discussed and either the defendant will be released, or security will be set or reset.

Status Hearing/Pre-Trial/Early Resolution/Final Resolution Conference - The Deputy District Attorney and Defense Attorney announce whether they are ready for trial or if they need more time to negotiate a plea offer, file motions, continue investigation, or complete discovery. There may be several of these kinds of hearings before the case is either set for a Settlement Conference, Change of Plea and Sentencing, or a Trial date.

Settlement Conference - This hearing only happens when the Deputy District Attorney and Defense Attorney have not been able to agree on a plea offer. The Judge communicates with all parties to the case in an attempt to negotiate a resolution. If the cases resolves, a Change of Plea and Sentencing will be set. If a resolution is not reached the case will be set for a Trial.

Change of Plea - A plea offer is when a defendant agrees to plead guilty or no contest in return for reduced charges and/or reduced sentence. Often the Change of Plea and Sentencing date happen during the same court date. A defendant may change their plea to guilty or no contest at any hearing and may be sentenced if the victim is present or has been notified.

Trial - A trial can either be a bench or jury trial. A bench trial is where the Judge decides if the defendant is guilty or not guilty. A jury trial is where the jury members decide. All evidence is presented in front of the Judge and/or jury. Victims will need to testify. If found not guilty, the charges are dismissed. If found guilty, the defendant will be sentenced after the trial or a Sentencing date will be scheduled.

Sentencing - The Defendant is given a sentence for each crime of conviction. At Sentencing the victim has the right to give a Victim Impact Statement to the Judge. A Victim Impact Statement provides a victim the opportunity to tell the court directly how the crime has impacted their life. If the victim is a child, the parent or guardian also have the right to give the statement. In homicide cases, the immediate surviving family members may give Victim Impact Statements. A statement may be given verbally, in writing, or over the phone. Please inform the Victim Assistant assigned to your case if you want to give a Victim Impact Statement and keep them updated with any address and phone number changes since court dates can change daily.

Post Sentencing - After sentencing the defendant is now an offender. The Offender Location tab will provide further information about offender’s location and victim notification of changes.