Procedures Before Trial

Abstract

The arrest of a suspected offender is the first official action in a criminal case. Then, the prosecuting at torney must decide whether to charge or not. For borderline business misconduct, default of family obligations, or similar offenses, except with habitual offenders, a settlement is sought rather than prosecution. The prosecuting attorney must deter mine whether to charge the most serious offense for which the evidence will support a finding of probable cause. With the multiple offender, it must be decided whether to prosecute for one or all of the offenses committed and, if the latter, whether to prosecute once or successively. Usually, the willingness of the offender to plead guilty is taken into account in deciding upon a charge and, sometimes, in fixing sentence later. A complaint sworn to by a private complainant or by the police officer and a warrant issued by a magistrate are the documents representative of the decision to charge. All suspects must be brought promptly before a magistrate to hear the reading of the warrant. Minor offenses triable by a magistrate may be tried summarily. For more serious offenses, a preliminary examination will be scheduled, if the suspect desires, and bail will be set. Where a grand jury is used, it performs the same function as the preliminary examination. If the preliminary examination or the grand jury finds probable cause to believe the suspect guilty, the suspect is bound over to a court of trial jurisdiction.—Ed.