The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

In light of the constitutional principles discussed above, it may be necessary for a
witness to testify more than once in the same case. The following chart details the
chronology of a criminal case and is provided to assist you in understanding why this
may be necessary:
Stages of a Criminal Case
Chronology Felony Misdemeanor
Stop -Temporary detention of an individual for
investigation. To be legal, a stop must be based
on reasonable suspicion to believe the individual
has committed, or is about to commit, some
violation of the law. If the stop yields
information to confirm the suspicion, the stop
may escalate into an arrest.
Arrest - Taking a suspect into custody for the
purpose of prosecution on a criminal charge. To
be legal, an arrest must be based on probable
cause—a belief that it is more likely than not that
the suspect has committed an offense.
Booking -The process of officially recording an
arrest. It typically includes (1) photographing the
defendant (i.e., taking a “mug shot”), (2)
fingerprinting the defendant, and (3) obtaining
pedigree information (name, address, date of
birth, etc.) from the defendant.
Arraignment - The initial appearance of the
defendant in court to answer the charges in an
accusatory instrument. At the arraignment, the
judge (1) provides the defendant with a copy of
the accusatory instrument, (2) advises the
defendant of the right to counsel and arranges for
counsel to be provided without cost if the
defendant is indigent, and (3) considers the
matter of bail.
Preliminary Hearing (Felony Hearing) -
Generally speaking, a defendant who is arrested
on a felony charge and held in jail has the right
to an impartial testing of the evidence within a
certain, relatively short time frame after arrest.
Experts may need to testify at this stage.
4
X X
X X
X X
X X
X