The exact process of how a criminal cases differs from jurisdiction to jurisdcition, whether the case is a felony or a misdemeanor and the complexity of the case. However, the basic principals of the process are quite similiar as well.
Misdemeanor cases tend to move more quickly and with less formality than felony cases. In any event you are in a far superior position if you have a good criminal defense attorney, preferably a trial attorney to navigate the waters for you.
All criminal cases begin with a complaint or an investigation. This usually means that an alleged crime is brought to the attention of the police or an investigating agency by either a victim or a witness. A common misunderstanding by the general public is that a citation by the police or even an arrest equals formal criminal charges. This is untrue. The police can make an arrest based on a multitude of factors, including but not limited to the vicitm filing a report, an arrest affidavit signed by a Jdge, witnessing a crime themselves. The police can make an arrest based or probable casue, which is a much lower standard than is required by the D.A. to prove a case. Once the police make an arrest or issue a summons to appear in court, the case is turend over to the local District Attorney's office who then "screen" the cases. The D.A. can do a number of things, (1) they can accept the charges as outlined by the police- often called "rubber stamping " the police officer's charge. The problem with this is that the police do not always take into account the higher burden of proof that the District Attorney is held to. A thorough D.A. will conduct his own investigation before signing a bill of information, thus creating formal charges against the accused. Often this is when your lawyer can best serve you. You would be wise to hire your attorney ealry on. Criminal defense attorneys can speak with the D.A., we can contact the alleged vitim(s) who in many cases no longer even wish to pursue the matter
