Pre-Trial and Trial Stages of a Criminal Case in Washington DC

In Washington DC and the United States, two types of laws generally govern criminal cases: civil and criminal law. Both laws punish wrongdoing and compensate victims of someone else’s wrongdoing. Generally, the punishment or penalty issued to offenders of civil and criminal laws differs based on several factors that are mostly peculiar to the case.

For example, under civil law, individuals found liable for actions that caused someone else harm usually get monetary penalties, restraining orders, or court-ordered remedies. On the other hand, penalties issued by criminal law for offenders usually involve fines, prison time, or both. In this article, we want to look at the pre-trial and trial stages of criminal cases in Washington, DC.

Pre-trial Phases

There are six phases at the pre-trial stage, starting from the initial arrest to sentencing. Below is an overview of the six stages before the actual trial of a criminal case in Washington, DC.

Phase 1: Arrest

At this stage, the person is taken into custody, losing their freedom to go wherever they want. An arrest typically means police authority is exercised over the person. This happens if the police witness the person commit a crime or they have probable cause to believe they (the offender) did.

Phase 2: Booking

Next, the individual is brought to and booked at the police station. This process involves gathering the suspect’s personal information and confiscating any property they have on them. After this, the person may be released or placed in a holding cell, depending on the facts surrounding the arrest.

Phase 3: Bail

After booking, the arrested individual may pay money in exchange for being put in a holding cell. However, the individual must agree to appear in court for all scheduled proceedings before bail is granted.

Phase 4: Arraignment

This stage is the first court proceeding, where the judge reads the charges against the defendant. Also, the judge will ask if the defendant has an attorney, after which they (the defendant) will enter their plea. 

Phase 5: Plea Bargain

Many criminal cases end at this phase, particularly when the defendant agrees to plead guilty and take a plea deal. They would typically agree to a lesser punishment or sentence they would have received if the court found them guilty.

Phase 6: Preliminary Hearing

The preliminary hearing is the next stage if the accused does not enter a plea bargain. At this stage, the judge will determine if there is sufficient evidence to charge the defendant after examining the prosecution’s evidence.

Trial Stages

Six stages are involved in a criminal case that proceeds to trial, where the trier decides if the defendant is guilty. Trials in criminal cases in Washington DC are divided into the following stages:

• Jury selection
• Opening statements
• Witness testimony
• Closing arguments
• Jury instruction
• Final Verdict

All stages, from jury selection to the final verdict, are designed to give the prosecution a chance to establish their case and the defense a chance to establish their innocence. There are laws, rules, and guidelines that define how things should be done at all stages to get the desired results.

Conclusion

“The pre-trial and the trial stages in a criminal case are very important because this is where the guilt or innocence of the defendant is established,” says attorney David Benowitz of Platinum Criminal Defense Law Firm. Understanding all the steps involved in the two stages will help build a solid case for the defendant or the prosecution.