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Investigation:
After an incident is reported to the police, patrol
officers or detectives from the police department will
investigate whether a crime has been committed, then
collect evidence and identify suspects.
As a victim
you may be required to:
- Make a
statement to the police,
- Attend a
physical line-up of suspects or look at photographs of
suspects,
- Respond
to other requests during the investigation which may
include providing personal items as evidence.
It may be that
the case is unfounded. This means that there is not enough
evidence to prove in court that a crime has been
committed, therefore, the case will not continue.
If the case
is going to continue, you will want to ask the
investigating police agency to keep you informed of all
steps in the process. The criminal process starts when an
arrest is made.
Initial
Appearance
The Initial
Appearance/Bail Hearing of the defendant is held in either
Municipal Court or a Justice of the Peace Court. The
purpose is to file charges and to set bail for the
defendant.
This
hearing will be held within 24 hours of arrest, if it is
not a weekend. The defendant has a constitutional right to
reasonable bail for most offenses. The defendant will be
held in custody until bail is posted. As long as the
defendant has the ability to make bail, s/he can be
released. The purpose of bail is to insure that the
defendant will appear for his/her scheduled court
hearings. This hearing is open to the public.
There may
also be conditions of release imposed on the defendant at
this hearing such as mandatory treatment, curfew or to
have no contact with the victim. If the defendant violates
the conditions of bail, s/he may be charged with a new
crime such as breach of release/non compliance with bail
conditions. This hearing is open to the
public.
AG
Intake:
The
Attorney General's Intake is a screening process to see if
there is enough evidence to file charges in Superior
Court. This meeting includes the police, prosecutor and/or
a paralegal. (Case facts and evidence will be considered.)
This meeting is not open to the public.
The result
of the meeting could be:
- Further
investigation is needed.
- Charges
are added, reduced or dropped.
- Case is
sent to a lower court.
Preliminary
Hearing:
The purpose
of a preliminary hearing is to determine if there is
sufficient evidence to continue prosecution. It is held
either in Municipal Court or the Court of Common Pleas. If
the defendant wishes to waive the hearing, (gives up the
right to this hearing), it is not held and the charges go
on to Superior Court. If the defendant wishes to have a
hearing, usually the only witness who testifies is the
investigating police officer. However, if you are
subpoenaed to testify, you must appear and should
immediately call the Attorney General's Victim/Witness
Program and the investigating officer. This
hearing is open to the public.
The Court
can decide to:
- Send the
charges to Superior Court.
- Reduce
or dismiss one or more charges.
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Steps in a TRIAL
