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![]() During discovery, the defense may also conduct its own investigation to include interviewing witnesses, working with investigators, visiting crimes scenes, and consulting with experts. ![]() If the defense has evidence it may offer at trial, it too must disclose such to the prosecution. The prosecutor is also required to provide the defense with evidence that may hurt its case, called exculpatory evidence. A prosecutor has a continuing obligation to provide the defendant with documents and other information it has and may obtain about a case. Typically, the prosecution provides the defense with evidence in its possession in support of the charges. This refers to obtaining evidence or information in support of the charges. Arraignments occur after the filing of either a criminal information or an indictment. This court appearance is where a defendant is again advised of the charge(s) and potential maximum punishment, elects counsel (private or public), enters a plea of not guilty, and a bail determination is made to release or hold the defendant. This is a defendant’s first court appearance when he is advised of the rights to remain silent and to legal counsel elects counsel (private or public) learns of the charge(s) and potential maximum punishment and an initial bail determination is made to either release the defendant on conditions or hold him without bail. This document is filed with the defendant’s consent and normally as part of an agreement to plead guilty. Criminal InformationĪ criminal information is a document charging the defendant with one or more crimes. If the grand jury agrees, 12 or more persons vote to issue an indictment against the accused. Prosecutor(s) appear before a grand jury of 16-23 people to establish probable cause that a person committed felony offense(s). ![]() ArrestĪ criminal case may begin after police make an arrest and then present information to the prosecution for criminal complaint, or the complaint may issue first followed by an arrest warrant. A criminal case may begin after police make an arrest and then present information to the prosecution for criminal complaint, or the complaint may issue first followed by an arrest warrant.
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