Overview: Criminal Justice process

 Criminal Justice – An Overview

criminal justice

The criminal justice system can be difficult to understand and navigate on your own.

Due Process:

The criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of the police, prosecutors, defense lawyers, judges and even juries.

The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly, this means that throughout the criminal justice process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when a person is facing substantial negative consequences, such as incarceration or the loss of other liberties.

Stages of a Criminal Case:


During the investigation of a crime, police review the facts, interview witnesses and gather evidence against the suspect(s). Once the police have enough evidence, they can ask a judge to sign an arrest warrant for a suspect.

Arrest and Bail:

After being arrested, a suspect will go before the judge, who will either set bail or decline to set any bail so that the suspect must remain in jail until the trial. Bail is an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors including the severity of the crime the suspect is accused of; the strength of the prosecution’s case; whether the accused has a criminal history; and whether the suspect is a flight risk.  A history of failure to appears will likely result in a higher bond amount.  If the suspect shows up for future court dates, the bail money is returned. If, however, the suspect doesn’t return for all future court appearances, the court will keep the money and issue an arrest warrant.


The accused first appears before the judge at an arraignment. At this proceeding, the judge informs the accused of the criminal charges, asks the accused whether he or she has an attorney or wants a court-appointed attorney, asks how the accused will plead to the charges, determines whether to modify the initial amount of bail and sets a schedule for future court dates.  In most misdemeanor cases within the state of Idaho, the defendant does not need to appear at the initial arraignment if they have retained an attorney.  In felony cases, the defendant and the defendant’s attorney must appear at all scheduled hearings, including the initial arraignment.

Preliminary Hearing:

In felony cases, a magistrate judge will hold a preliminary hearing during which the prosecution must show that there is enough evidence supporting the charges against the defendant that the case can proceed to the next stage. It is an adversarial proceeding and the defendant’s attorney has the right to cross-examine the prosecution’s witnesses. It is also sometimes called a “preliminary examination” or “probable cause hearing.”

Plea Bargaining:

Generally a criminal defendant, through his or her attorney and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant entering a plea of guilty, often to a lesser offense. A seasoned criminal defense attorney can be a great resource to a criminal defendant throughout the plea-bargaining process.

Trial and Sentencing:

At trial, the prosecutor and defense attorney will select a jury, give opening and closing statements, introduce evidence and question witnesses. If a defendant is found guilty, the court will impose a sentence, which may include incarceration, fines, court costs, restitution and probation. For minor crimes, the sentence may be issued right away. For more serious crimes, a Pre Sentence Investigation will be conducted and then the prosecution and defense will submit evidence and arguments regarding what the appropriate sentence should be. In Idaho, a judge will decide the sentence. In other states, sentencing is a completely separate from the trial, with a different jury determining the sentence. During this separate sentencing phase, the prosecution will present aggravating factors to argue for a harsher sentence and the defense will present mitigating factors in favor of a lesser sentence. Also, before the sentence is issued, the defendant has the right to allocution, which is when the defendant can address the judge directly. It may be a chance for the defendant to apologize, show remorse or explain his or her actions.


To better protect yourself throughout your involvement with the criminal justice system, consult with an informed, knowledgeable criminal defense attorney at Taylor Law & Mediation in Mountain Home, Idaho.  We can work hard on your behalf to see that rights and protections afforded criminal defendants are preserved for you.