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Criminal Charges

Criminal Charges Law

Criminal charges are usually stated in the criminal statutes. Criminal Charges Law involves the legal decrees that describe the prohibited conduct, mental state for guilt and the range of punishments liable for the persecuted.

When a federal criminal case is to begin, it usually involves the attorney (who is the prosecutor), and the grand jury.

The attorney is involved in the majority of the proceedings of the court which includes all criminal prosecution.

While, the grand jury reviews the evidence as presented by the U. S. Attorney, on which they base their decision to either require the defendant to stand trial or not.

Burden of Proof

During a trial, it is the duty of the government, hence the attorney to prove beyond reasonable doubt that the defendant is indeed guilty. The defendant need not defend themselves.

Pretrial

During pretrial, the judge lays all the evidence presented by the prosecutor to the defendant, advising him/her on the charges against them. It is at this time that he ponders on the offense, and determines whether to keep the defendant locked up until trial or not.

The defendant is then arraigned, where s/he enters a plea to the charges against him/her. The defendant is also given the chance to plead guilty so as not to go to trial. This will make the government drop some charges or keep their sentence lenient. A process referred to a plea bargain.

Trial

During the trial, motions may be filed which could include requests for rulings by the court, in order to repress evidence that could lead to the violation of the defendant’s constitutional rights.

Sentencing

Provided that the verdict of the court regards the defendant as guilty, the judge is to determine the sentencing for the crime of the defendant. The sentence may include paying restitution to victims of the crime committed, paying a fine to the government and spending time in prison.