by John Louie Ramos

Created on: February 28, 2011   Last Updated: February 04, 2012

There are two basic kinds of cases, the civil and the criminal case. While civil cases involve conflicts between organizations, a criminal case is a crime involving the violation of criminal laws and other public codes of behavior.

Criminal cases are much more heinous in nature compared to civil cases. Hence, a criminal case requires a different and more careful approach.

In the United States, individuals do not file a criminal case. Criminal cases are filed by the government and initiated by government agencies, such as the police and the Federal Bureau of Investigation (FBI.) Below are the necessary steps involved when initiating a criminal case.

Filing of complaints

People who are victims of criminal offenses, their relatives or even concerned citizens can file a criminal complaint to government agencies primarily to the police department or to the FBI. The complainant must report every circumstance surrounding the alleged criminal act.

Needless to say, individuals, organizations, entities and businesses can file a complaint. However, the filing of the criminal case itself is initiated by the government.

Investigation

Once an entity (whether natural or artificial) has filed a complaint, police officers immediately start their investigation. The police will gather evidence and testimonies concerning the alleged criminal act. Police officers are expected to be fair when gathering evidence.

They are expected to hear both sides – the complainant and the suspect. Police officers will try to talk to the suspect and evaluate his statement.

A criminal case will push through when the police officers have gathered substantial evidence that strengthens a case against the suspect.

Filing of criminal case

The actual filing of the criminal case is made by the prosecuting attorney, usually the government’s public prosecutor. A written complaint is made under oath and signed by the judge. The judge will then study the affidavits and subpoenas and determine whether a warrant of arrest is needed.

A warrant of arrest should be issued if and when the defendant doesn’t respond to the court’s summon, if the defendant is nowhere to be found, or when the evidence that supports the defendant’s guilt is strong.

The succeeding US court proceedings include the probable cause hearing, the initial appearance – which is done within 36 hours after the arrest, the omnibus hearing, the pretrial conference and the trial management conference.

After the preliminary proceedings, the trial itself will begin. After the actual trial and the presentation of evidence and witnesses, the jury will then make their decision.

References

http://www.criminaldefenselawyer.com/resources/crimi nal-defense/criminal-offense/filing-a-criminal-compl aint.htm

http://www.uscourts.gov/Common/FAQS.aspx

http://www.americanbar.org/groups/public_education/r esources/law_related_education_network/how_courts_wo rk/cases.html

http://law.jrank.org/pages/2206/Trial-Criminal-steps -in-criminal-trial.html

Learn more about this author, John Louie Ramos.
Click here to send this author comments or questions.