Criminal law is a branch of law that deals with criminal offenses and their punishments. It includes crimes such as murder, theft, and assault. Criminal law is enforced by the state and can result in fines, imprisonment, or both.
If you are facing criminal charges in Los Angeles, it is important to seek legal help from a top criminal attorney in Los Angeles. They’ll ensure your rights are protected and your case is handled effectively.
What is a Grand Jury?
Grand juries are an integral part of the criminal justice system in the United States. They are responsible for determining whether there is enough evidence to bring criminal charges against a person. Here are five key features of grand juries:
Closed Proceedings
Grand jury proceedings are typically closed to the public. This is to protect the privacy of the accused and to ensure that jurors can deliberate freely without fear of outside influence.
Evidence Gathering
Grand juries have the power to subpoena witnesses and documents. They can also hear testimony from law enforcement officials and other experts to help them determine whether there is enough evidence to bring charges.
Indictment Decision
If the grand jury decides that there is enough evidence, they can issue an indictment. This is a formal accusation that the accused has committed a crime and should stand trial.
Limited Role
Grand juries have a limited role in the criminal justice system. They do not determine guilt or innocence. Instead, their role is to determine whether there is enough evidence to move forward with a trial.
Jury Makeup
Grand juries are typically made up of between 16 and 23 people. They are selected from the same pool of potential jurors as regular trial juries. Grand jurors are often selected for a longer period than regular jurors, and they may serve on multiple cases.
What is Indictment?
An indictment is a formal accusation that charges an individual with a crime. It is a legal document that outlines the charges against the accused and is issued by a grand jury or a judge. For an individual to be indicted, the following requirements must be met:
Probable Cause
The first eligibility for indictment is that there must be probable cause to believe that the individual committed the crime. This means that there must be enough evidence to suggest that the accused is responsible for the crime in question.
Statute of Limitations
The second eligibility is that the crime must fall within the statute of limitations. The statute of limitations sets a time limit for how long after a crime has been committed that an individual can be charged with it.
Felony
The third eligibility is that the crime must be a felony. Indictments are reserved for serious crimes that are punishable by imprisonment for more than one year.
Proper Identification
The fourth eligibility is that the accused must have been properly identified. This means that the accused must be identified by name and that there must be evidence that they were involved in the crime.
Sufficient Evidence
The fifth and final eligibility is that the grand jury or judge must determine that there is sufficient evidence to warrant an indictment. This means that there must be enough evidence presented to convince the grand jury or judge that the accused should stand trial for the crime in question.
Stages Of The Criminal Process
The criminal litigation process consists of the following key stages:
Investigation
The first stage of the criminal litigation process is the investigation. This is when law enforcement officials gather evidence and interview witnesses to determine whether a crime has been committed and who might be responsible.
Arrest
If law enforcement officials determine that a crime has been committed and have identified a suspect, they will make an arrest. The suspect is taken into custody and charged with a crime.
Arraignment
The next stage of the criminal litigation process is the arraignment. This is when the suspect appears in court, is formally charged with a crime, and enters a plea.
Trial
If the defendant pleads not guilty, the case will go to trial. This is the most well-known stage of the criminal litigation process, where the prosecution and defense make their cases before a judge and jury. The prosecution must prove beyond a reasonable doubt that the defendant committed the crime.
Sentencing and Appeal
If the defendant is found guilty, the judge will impose a sentence. This can include imprisonment, fines, probation, or community service. If the defendant is unhappy with the outcome of the trial, they can appeal the decision to a higher court.
The criminal litigation process is complex and sometimes confusing. By understanding these five stages, you will be better equipped to navigate the criminal justice system and protect your rights.
