Search and arrest are the most common. generally the first step in a major criminal prosecution. Here, the judge decides if the evidence is, in fact, enough to hold that person-bind that person over-for action by the grand jury or the prosecutor.

A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a direct vote before that official’s term has ended.

warrant. a court order authorizing, or making legal, some official action, such as a search or an arrest.

Steps in a Criminal Case

• Step 1: Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge.
• Step 2: Preliminary Hearing.
• Step 3: 2nd Arraignment (Superior Court)
• Step 4: Pretrial Hearing & Motions.
• Step 5: Jury Trial.

There are four main stages to a trial….The Trial Process

• Pleading Stage – filing the complaint and the defense’s motions.
• Pretrial Stage – discovery process, finding of facts.
• Trial Stage – seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants.

If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later. If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.

They ask everyone to stand up to show respect for the Judge, the court and the law by saying: “All rise. This court is now in session.” Judge comes in, sits down and tells everyone else to be seated. Judge tells everyone what the trial is about.

Opening Statements – The defendant has the right to a trial in which either a jury or the judge determines guilt. When the court is ready for the trial to begin, each side can make an opening statement. Witnesses in all trials take an oath or an affirmation that what they say in court is true.

At the start of the actual trial, the prosecution will make an opening statement that gives a basic outline of what it plans to prove. Your lawyer will probably also make an opening statement, either immediately following the prosecutor’s statement or after the prosecution has finished presenting its evidence.

As the terms suggest, an “opening statement” comes at the beginning of the trial, while a “closing argument” occurs at the end of the trial after all the evidence is established.

The opening statement at the beginning of the trial is limited to outlining facts. This is each party’s opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.

1. An opening statement has a narrow purpose and scope. It is to state what evidence will be presented, to make it easier for the jurors to understand what is to follow, and to relate parts of the evidence and testimony to the whole; it is not an occasion for argument.

An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. It should preview, in an understandable way, the anticipated testimony and evidence. It should not bore or confuse the jury with too much detail.

Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

between 10 and 45 minutes

Opening Statement Checklist

1. State your theme immediately in one sentence.
2. Tell the story of the case without argument.
3. Persuasively order your facts in a sequence that supports your theme.
4. Decide whether to address the bad facts in the opening or not.
5. Do not read your opening statement.
6. Bring an outline, if necessary.