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The Criminal Court Process, Step by Step

What happens after arraignment? A plain-English walkthrough of the general criminal court process — pretrial motions, discovery, plea talks, trial, and sentencing.

Arraignment is only the beginning. Every case is different, and court procedure can vary by state and by the seriousness of the charge, but most criminal cases generally pass through a similar sequence of stages after that first appearance. Here's a general overview.

Pretrial motions

Either side may file pretrial motions asking the court to make a ruling before trial — for example, about what evidence can be used. These motions can shape the rest of the case significantly.

Discovery

Discovery is the process where the prosecution and defense exchange information and evidence relevant to the case. Having a full picture of the evidence generally helps an attorney evaluate options.

Plea negotiations

At almost any point before trial, the prosecution and defense may discuss a potential plea agreement. This is common and doesn't happen in every case — it's a decision that's typically made with an attorney's guidance.

Trial, if it happens

If a case isn't resolved beforehand, it can proceed to trial, where evidence is presented and a judge or jury determines the outcome. Trials generally involve jury selection, opening statements, presentation of evidence, and closing arguments.

Sentencing

If there's a conviction — whether by plea or trial — the court generally holds a separate sentencing phase where it considers the facts of the case, any relevant history, and other factors before deciding on a sentence.

Why timing and guidance matter

Because so many stages involve decisions with lasting consequences, having an attorney involved as early as possible generally gives you the most options.

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Helpful resources

Frequently asked

Does every case go to trial?
No — many cases resolve before trial through negotiated pleas or dismissals, though the exact path always depends on the specific facts and jurisdiction.
How long does the court process typically take?
It varies widely — some cases resolve in weeks, others take many months, depending on complexity, court schedules, and the charges involved.
General legal information for educational purposes only — not legal advice, and no attorney-client relationship is created. This content never assesses guilt or innocence. Laws vary by state and change over time; confirm details with a licensed attorney in your state.

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