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Criminal Arrest Flow Chart

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ICDC College

on 22 May 2014

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Transcript of Criminal Arrest Flow Chart

Criminal Arrest Flowchart
Police Investigation

Decline to Prosecute

Municipal Prosecutor/ District Attorney's Office
Guilty Plea
Not Guilty
Plea Accepted
Plea Not Accepted
Not Guilty
Sentence Hearing
Review Hearing
Defendent appears in front of a judge within 24 hrs of arrest
Case is returned to Police for
more information
Released on
Own Recognizance
Pre-trial Conference
Prosecuter may offer Plea Agreement "Deal" to Defendent
C.P.C 15
"Crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
Death, Imprisonment, Fine,Removal from office or,
Disqualification to hold and enjoy any office of honor, trust, or profit in this State."
Suspect commits a crime and is detained or placed under arrest by a Law Enforcement Officer.
The arresting Officer or Investigator/Detective conducts a preliminary investigation to determine if an arrest is warranted and prosecution is desired.
The suspect is issued a citation/notice to appear listing the violation(s) and court appearance date.
The suspect's first appearance in court to enter a plea.
The suspect is placed under arrest, transported to custody facility and booked on charges.
Case is presented to the DA's office for review.
The DA's office declines prosecution due to lack of evidence, etc.
After obtaining additional evidence, Law Enforcement resubmits the case to the DA for review.
Case/file is closed due to lack of evidence, suspect cooperation, etc.
After review and approval by the DA, a criminal complaint is file with the court .
If the suspect is remanded to the court for custody, they have the opportunity to be bonded "bailed" from custody and appear in court at a later date. If bail is denied or refused, the suspect will stay in custody until their hearing date.
The suspect pleads "not guilty" and a trial date is set.
The suspect pleads "guilty" and agrees with the charges they are facing.
Education aimed at preventing future offenses by the offender, restitution to victims of the offense, completion of community service hours, avoiding situations for a specified period in the future that may lead to committing another such offense (such as contact with certain people)
Plea offer is accepted by all parties ( Defendant and counsel, DA)
In criminal cases, sentencing hearing is the hearing that takes place after conviction has already been entered. The purpose of a sentencing hearing is to determine what punishment the defendant deserves for the crime he/she committed.
Plea terms not agreed upon by all parties.
Formal meeting in a court in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law
Defendant is found guilty by a judge or jury.
Defendant is found to be not guilty by a judge or jury.
Defendant is released and charges are dismissed.
At this hearing the judge will tell the offender what their sentence is. The sentence may include imprisonment, a fine, or order that the person performs community service, etc.
Imprisonment in prison or county jail for term of sentencing.
A period of supervision of an offender, ordered by a court in lieu of serving time in jail or prison.
Diversion is designed to enable offenders of criminal law to avoid criminal charges and a criminal record.
These requirements may include:
Full transcript