A criminal case is when the government (local, state or federal) brings an action against a defendant for committing a crime. The prosecution is led by the Prosecutor, police investigate and take statements from witnesses, examine evidence and file a complaint or citation against the defendant(s). The defendant is the person or company accused of committing the crime.
A pretrial hearing is when a judge reviews arrest and post-arrest investigation reports, advises the defendant of the charges against them, decides whether they should be released on bond and considers whether there is probable cause to believe the defendant committed the crime. The judge can also order the defendant to wear an electronic monitoring bracelet or have periodic contact with a pre-trial services officer. The defendant has the right to a private or court-appointed attorney.
Some cases are never heard at trial, for example the defendant and the prosecutor may agree to a plea bargain. This is when the defendant admits to some or all of the charges and in exchange for a reduced sentence will go to prison or avoid jail time.
During a jury trial the defense and prosecution present their evidence and witnesses. The defendant does not have to present any witnesses but his or her lawyer can challenge the prosecutor’s evidence through cross-examination. The prosecution has the burden of proof and must convince the jury that there is more than a reasonable doubt that the defendant committed the crime. The jury then discusses the case (deliberates) and reaches a verdict. If the jury is unable to reach a unanimous verdict, it’s called a hung jury and the case ends in a mistrial.