If you've been investigated or arrested in relation to an offense, you probably have a lot of questions you'd like to ask a criminal defense lawyer to answer. There is a defined process for handling these cases, but it can seem obscure to the average person. Here's what a criminal lawyer would tell you about how criminal charges are filed and pursued.

Complaints and Investigations

The first step is for the police to receive a complaint, or they may initiate one themselves if they see evidence worth following up on. The core idea during this process is whether probable cause, evidence that indicates logically that a crime was committed, can be produced. If not, the matter ends once sufficient investigation has been done to rule out the commission of a crime. If there is enough evidence, further investigation can be started or charging documents can be filed with a prosecutor.

Response to Charges

A prosecutor has three choices. They can charge the person cited in a criminal complaint, ask a grand jury to examine evidence, or drop the case.

It is possible for charges to sit for a long time and not be acted on if a case involves a larger criminal conspiracy that needs to be investigated. In those instances, charges may even be sealed from public view to prevent subjects of investigations from catching wind of what's going on. Most cases, however, lead to a person being charged and then arrested.

Initial Hearing and Bail

Once you have been arrested, the court is required to provide an initial bail hearing in a timely manner. This does not mean they have to set up a hearing right away. Most judges do try to clear out weekend arrests within a few days following the resumption of court on Mondays.

Bail is expected to be offered at this time. There are only two common exceptions to bail being offered, and the prosecution must prove a defendant is a flight risk or that they're a risk to themselves, someone else, or the public. During this period, the charges will be read to the defendant, and the judge will ask the defendant if they wish to plead guilty or not guilty. Regardless whether it is the intent of the defendant to eventually plead guilty, most plead not guilty at this point in order to prepare a defense or to negotiate with the prosecution.