Stay safe friends...
It should be emphasized that criminal procedure varies not only from state to state, but from locality to locality within a state. In particular, practices followed in rural or semi-rural communities are often different from those utilized in metropolitan areas. Also, the basic procedural steps depend to some extent upon the level of the charged offense, i.e., whether a misdemeanor or felony. The following description concentrates upon felony prosecutions in metropolitan courts.
Pre-arrest Investigation. Police investigation of a specific crime may be instituted in various ways, including a citizens complaint, an observation in the course of patrolling, or an informant's "tip." The most common techniques of investigation include observance at the scene of the crime and interviews with witnesses. In some areas, e.g., vice crimes, police frequently employ other, more "Aggressive" methods of investigation, such as the use of undercover or continuous surveillance. Sooner or later, the police will contact a suspected offender. Of course, where the officer acts upon the basis of direct observation at the scene of the crime, this may be the first step taken. Most police-suspect encounters do no involve arrests. By "arrest" we refer to the act of taking a person into custody (i.e., transporting him to the station) for the purpose of charging him with a crime. Irrespective of its validity as a legal definition, this is the definition used in most statistical surveys, and therefore will be used here. Most police-suspect encounters involve temporary detention, often lasting less than five minutes. Based on available figures, it seems likely that the number of annual police-suspect encounters in a city the size of Chicago exceeds one million (excluding traffic offense encounters). The vast majority of these encounters, possibly 85%, will relate only to possible misdemeanors. Most occur on the street, but a substantial number take place at a home or place of business. Recent studies indicate that, in about one-third of their encounters with suspects, patrolmen engage in "questioning of a probing nature that goes beyond mere identification of the person and that [leads] to defining the person as a suspect or offender." In about one out of every five encounters, at least in high crime areas, the officer will engage in some form of search. In most circumstances this will be a search of the person (often a "frisking"), although approximately 15% of the searches involve an inspection of a vehicle or home. On rare occasions, the officer might have previously obtained a search warrant from a magistrate's court. Ordinarily, however, the officer will seek to search on the basis of the suspect's consent, or the search will be accompanied by an arrest. Thus, less than 150 search warrants will be issued in a major city, such as Detroit, during an entire year.
The Arrest. Only 10-15% of all police-suspect encounters will result in arrests. The total number of arrests in a city of two million will approach 100,000 per year (excluding traffic offenses).1 The does not include arrests of juveniles which constitute a substantial portion of the total arrests, particularly in the felony range. For example, Chicago in 1964 reported 50,000 arrests of persons under 18 out of a total of 255,000 arrests. OF the 35,000 arrests related to what FBI characterizes as Class I (more serious) crimes, 16,000 involved persons under 18. The number of arrests may vary considerably from city to city according to police policy in dealing with drunkenness. Where all drunks are regularly arrested, they may account for 30-50% of all arrests. In any event, only a small percentage of arrests, ranging from 10-25%, are based on probable felony charges. In a limited number of situations, e.g., where the suspect's whereabouts were previously unknown, an arrest may be based upon a warrant issued by the local magistrates' court. Ordinarily, however, arrests are made without a warrant, and the decision to arrest is made by the individual officer at the point of contact with the suspect. Occasionally, the officer will confer, typically by radio, with a superior at the precinct or district headquarters before making an arrest. Arresting officers commonly exercise considerable discretion in determining whether to make an arrest. Quite frequently, in situations involving minor misdemeanors, e.g., assault, an officer may refuse to make an arrest even though the offense was committed in his presence. ON the other hand, in felony situations, the officer will usually make an arrest if he believes he has sufficient grounds. Even here, however, there are certain exceptions, e.g., statutory rape.
"Booking". The suspected offender will usually be "Booked" shortly after his arrival at the precinct or district station. Booking is essentially a clerical process, involving nothing more than an entry on the police "blotter" or arrest book indicating the suspect's name, the time of the arrest and the offense involved. Depending upon the severity of the offense, the suspect may be fingerprinted, photographed and requested to supply a handwriting sample. Not all persons brought to the station are detained for possible prosecution. In some instances, the "desk sergeant" or precinct duty officer may decide that the arresting officer does not have sufficient evidence to detain the suspect or that the offense involved (usually a misdemeanor) does not call for prosecution. In the latter situation, there frequently may be some sort of "station house adjustment," e.g., a participant in a fight may be "handed over" to his wife after a proper lecture. Persons may also be released after in-station interrogation establishes that no crime was committed. Thus, police frequently find that forcible rape charges, or charges of attempting forcible entry involving relatives, are baseless. In some jurisdictions where the booking process is delayed, these persons will never be booked. In others, they are booked and then released, often with no further notation than "insufficient evidence."
The Decision to Prosecute. After the suspect is booked, a report of the offense, based chiefly on the arresting officer's report, is made to a member of the prosecutor's staff. In cases where considerable investigation preceded the arrest, the prosecutor may have been consulted previously. Ordinarily, however, this is the prosecutor's first contact with the case, and, at this point, he decides whether the defendant should be charged with an offense. In making this decision the prosecutor may consider various factors including the weight of the evidence, the nature of the crime, the nature of the defendant, and the alternative remedies available. The prosecutor will decide against charging a substantial number of cases. Not frequently, 30-50% of the persons arrested in a major city on felony and misdemeanor charges are not prosecuted. It is frequently impossible, however, to determine how many of these informal "dismissals" were made by the police and how many by the prosecutor. Generally, the smaller the community, the more likely the prosecutor will be consulted before dismissal of persons arrested on any significant charge. Available evidence indicates, however, that even in most major cities, the "dismissal" of felony suspects is primarily the responsibility of the prosecutor. Moreover, the felony dismissal rate often is only slightly less than the total dismissal rate) although it is not clear many felonies are "converted" into misdemeanors at this stage). If the prosecutor decides that a case has been made and it should be prosecuted, he prepares a complaint, identifying the defendant and specifying the charge against him. Depending upon the mature of the charge, the complaint will be signed either by the officer or the complaining witness. In some jurisdictions, the prosecutor proceeds solely on the complaint, but, in most, he must also obtain an arrest warrant, which servers as the basis for defendant's continued detention. The warrant is issued by a local magistrate on the basis of the complaint and is usually obtained immediately after the prosecutor makes the decision to charge.2 The decision to prosecute in minor misdemeanor charges may be left almost entirely in the discretion of the police. In some jurisdictions, the police will draft the misdemeanor arrest warrant-if one is used-and the case will be prosecuted before the magistrate by a police officer. The prosecutor will only come into contact with the case if special problems arise or conviction is later appealed.
The initial Appearance or "Presentment." Statutes in most states require that an arrested person be taken without unreasonable delay to the nearest local magistrate. In most major cities, the felony suspect will not be taken before the magistrate for at least several hours. The exact length of the delay depends upon various factors, such as: (1) the time of the arrest, i.e., whether made at a time, e.g., Sunday, when neither magistrate nor prosecutor is readily available, (2) the desire of headquarter detectives to interrogate the suspect; and (3) the number of arrested persons presently being processed by the police. Quite frequently, a substantial portion of the persons arrested on felony charges, perhaps as many as 50%, are detained more than 12 hours before being presented before the magistrate. When the defendant is presented, the magistrate informs him of the charges against him and his constitutional rights. This process is commonly termed the "Arraignment on the warrant" although it is not technically an arraignment since no plea is made.3 Since the magistrate has jurisdiction to try misdemeanor cases, they are handled quite differently. The defendant will be asked to pleas at his initial appearance. If he pleads guilty, as the great majority do, he often will be sentenced immediately. If he pleads not guilty, and the arresting officer is present, he will be tried immediately unless he requests a delay. In a city with a population of two million, the lower courts will dispose of approximately 25,000 non-traffic misdemeanors each year. About 5% of the misdemeanor cases will be dismissed by the prosecutor on his own motion. Of the remainder, 75-80% will plead guilty. Of the defendants who go to trial, 15-25% will be acquitted. Over 75% of those convicted (including both guilty pleas and trial convictions) will be fined and released or placed on probation. The quality of trials before magistrate courts varies considerably according to the court. +++ Trails in misdemeanor cases may be over in a matter of 5, 10, or 15 minutes; they rarely last an hour even in relatively complicated cases. The magistrate generally will inform the defendant of his right to have a preliminary examination and his right to be represented by counsel at the examination. IF the defendant is indigent, many states will appoint counsel at this point= at least if the defendant requests a preliminary hearing. The majority of states, however, apparently do not appoint counsel prior to the formal arraignment on the information or indictment. The magistrate also sets bail at the initial appearance.4 In many jurisdictions, a person arrested on a minor misdemeanor charge may be released on bail by the police. The amount of such "station-house" bail is sometimes committed to police discretion, sometimes regulated by a schedule established by the magistrate, and sometimes set by statute. Frequently, bail is determined by a set schedule which varies in amount according to the crime charged (i.e., the more serious the offense, the higher the bond). In other jurisdictions, the magistrate will make some attempt to evaluate each case individually, but the primary factor considered is still the nature of the offense. Ordinarily, the defendant will not post the security himself, but will obtain a bond from a bondsman at a cost of 10% of the fact amount of the bond. Very frequently the defendant will not have sufficient funds to secure a bond. Although the proportion of persons who fail to make bail varies widely from place to place, several studies indicate that it frequently exceeds 50% of the felony defendants. However, various communities have recently experimented with bail reform projects designed to deemphasize the use of money bail. Recent federal and state legislation has sought to achieve the same end. As a result, most indigent defendants are able to obtain their release in an increasing number of metropolitan areas (though still a distinct minority).
Preliminary Hearing. The preliminary hearing is designed to protect against unwarranted prosecutions. At the hearing, the prosecutor must produce sufficient evidence to satisfy the magistrate that her is probable cause to believe the defendant committed a felony. Defendant may cross examine witnesses and introduce evidence in his own behalf, although very few defendants, especially if represented by counsel, go beyond cross-examination. If the magistrate finds probably cause, he will then "bind over" the defendant for trial before the court of general jurisdiction. Ordinarily, the magistrate refuses to "bind over" in only a small percentage of the cases before him. Moreover, in many jurisdictions, preliminary hearings are held in less than half of all cases. In some, defendants waive their right to a preliminary hearing in as many as 70% of all cases. In others, where the grand jury is utilized to screen prosecutions, the preliminary hearing ordinarily is not available if the grand jury indicts prior to the scheduled hearing. When preliminary hearings are held, counsel frequently employ the hearing primarily as an informal discovery device, since formal discovery is considerably more restricted in criminal than civil cases. After the judge "binds over" the prosecutor will prepare the official accusation against the defendant. In some states the prosecutor can do this himself by preparing an information (a written accusation, signed by the prosecutor, and setting forth facts which charge the defendant with a criminal offense).
Grand Jury Indictment. In many jurisdictions, the decision to prosecute must be approved by a grand jury. This body ordinarily consists of 16-23 private citizens who meet behind closed doors to receive evidence presented by the prosecutor. The defendant has no right to offer his own evidence or to be present before the grand jury. If twelve of the grand jurors find that the prosecutor has established probably cause, the grand jury will issue an indictment (a written accusation, prepared by the prosecutor and signed by the grand jury, charging the defendant with the commission of a specific crime). In most jurisdictions, the grand jury refused to indict in only a small percentage of cases.
Arraignment on the Information or Indictment. Adding the limited screening of the grand jury and preliminary examination to that done by the police and prosecutor, the net result frequently is that only half of the persons arrested on felony chargers will be formally charged with commission of a felony. Of course, that statistic varies somewhat among major cities. In some jurisdictions, the prosecutor screens more carefully before charges are filed; in others, the screening is performed later, usually after defense counsel has conferred with the prosecutor, and a substantial percentage of cases filed (e.g., 15-20%) are dismissed on the prosecutor's motion. In a city of two million, with fairly careful initial screening, approximately 4,000 felony charges will be filed in a single year. Putting aside the cases dismissed by the prosecutor on his own motion, approximately 70-80% of all the remaining defendants plead guilty. Ordinarily, this decision is based on negotiations between the prosecutor and the defense counsel, and defendants frequently plead guilty to lesser offenses than those originally charged.
Pretrial Motions. Assuming the defendant pleads "not guilty," various procedural objections are likely to be raised before trail. Ordinarily, objection to the sufficiency of indictment or information will be made even before the plea is entered. This is also true of objections based upon prior jeopardy, the statue of limitations, and the improper composition or irregular procedure of the grand jury. After the plea is entered, defendant may seek a change in venue (particularly in cases involving substantial publicity) or request the severance of his trial from that of a co-defendant. While raising interesting legal questions, reported decisions indicate that these motions are made in only a small proportion of the cases that go to trial. Motions relating to discovery, e.g., requests for a bill of particulars, are more common. Probably the most significant pretrial motion, at least in terms of its immediate impact on the dismissal rate, is the motion to suppress illegally obtained evidence. In certain types of cases, e.g., narcotics, such motions offer considerably better chance for a dismissal than possible acquittal at trial. A survey of a six-day period on Cook County revealed, for example, that motions to suppress were made in 41% of all narcotics cases and were successful in 75% of those cases. Where the motions were sustained, the cases were usually dismissed for lack of evidence.
Trial. Although the percentage of trials is small, the total number may be quite substantial. A court of general jurisdiction in a major city may have 700-800 criminal trials per year. This may account for 20-30% of all cases tried in that court. Although felony defendants have a right to jury trial, a substantial number waive that right. The percentage of waiver varies considerably throughout the nation, but the national average is approximately 40%. Whether the case is tried by judge or jury, the statistical likelihood of gaining an acquittal is not very good. The acquittal rate for most major felonies is below 33%. The overall acquittal rate for all felony trials in a major city may easily fall below 20%. The trial itself resembles the civil trial in many respects. There are, however, several important distinctions (as well as certain common features that have special significance in the criminal case). These include (1) the presumption of innocence, (2) the requirement of proof beyond a reasonable doubt, (3) the right of the accused not to take the stand, (4) exclusion of evidence obtained by the state in an illegal manner, and (5) the more frequent use of defendant's admissions.
Sentencing. Ordinarily the judge has substantial discretion in determining the appropriate sentence. For most crimes, he has the alternative of imposing imprisonment or probation. Where imprisonment is selected, the legislature usually has set a maximum sentence, but not a minimum (although the minimum may be limited to a certain percentage of the maximum). Also, some states permit the judge to set a maximum within the statutory limit. Sentencing patterns vary substantially even within the same state. The pattern in Detroit, however, is fairly typical for major metropolitan areas. Approximately 40% of the convicted defendants are placed on probation or given suspended sentences. Of those incarcerated, the vast majority are sentenced to the state maximum security prison, where the average time actually served is about two years.
Appeals. Approximately 20-40% of the defendants found guilty after trial appeal their convictions. The rate of reversals varies substantially, but it is not unusual for an appellate court to reverse in 20% of its criminal cases. Of course in many instances the defendant may be retried and subsequently convicted.
Post-conviction Remedies. Post conviction remedies are very rarely successful although frequently utilized. In 1964. approximately 9% of the adult felony prisoners in federal institutions petitioned for collateral relief. The percentage of state prisoners filing petitions is probably lower since collateral relief generally is more readily available in the federal system. However, the number of petitions from both state and federal prisoners has been steadily rising in the last several years.
1. The does not include arrests of juveniles which constitute a substantial portion of the total arrests, particularly in the felony range. For example, Chicago in 1964 reported 50,000 arrests of persons under 18 out of a total of 255,000 arrests. OF the 35,000 arrests related to what FBI characterizes as Class I (more serious) crimes, 16,000 involved persons under 18.
2. The decision to prosecute in minor misdemeanor charges may be left almost entirely in the discretion of the police. In some jurisdictions, the police will draft the misdemeanor arrest warrant-if one is used-and the case will be prosecuted before the magistrate by a police officer. The prosecutor will only come into contact with the case if special problems arise or conviction is later appealed.
3. Since the magistrate has jurisdiction to try misdemeanor cases, they are handled quite differently. The defendant will be asked to pleas at his initial appearance. If he pleads guilty, as the great majority do, he often will be sentenced immediately. If he pleads not guilty, and the arresting officer is present, he will be tried immediately unless he requests a delay. In a city with a population of two million, the lower courts will dispose of approximately 25,000 non-traffic misdemeanors each year. About 5% of the misdemeanor cases will be dismissed by the prosecutor on his own motion. Of the remainder, 75-80% will plead guilty. Of the defendants who go to trial, 15-25% will be acquitted. Over 75% of those convicted (including both guilty pleas and trial convictions) will be fined and released or placed on probation. The quality of trials before magistrate courts varies considerably according to the court. *** Trails in misdemeanor cases may be over in a matter of 5, 10, or 15 minutes; they rarely last an hour even in relatively complicated cases.
4. In many jurisdictions, a person arrested on a minor misdemeanor charge may be released on bail by the police. The amount of such "station-house" bail is sometimes committed to police discretion, sometimes regulated by a schedule established by the magistrate, and sometimes set by statute.
--Berman et. al.
EDITS: Formatting.
Ugh, brings back memories. Even if you're innocent you;ll still sit in jail for awhile. I spent 2 weeks one time before the charges were dropped. :-( There's a lesson there, though; don't plead out. They'll try to scare you by throwing a ton of charges at you and wave the maximum punishment in your face but that really has little to do with what eventually happens to you.