Short answer
Most cases follow the same path: arrest or citation, then charging by a prosecutor, an arraignment where you enter a plea, pretrial hearings and evidence exchange, plea negotiations, and — if unresolved — trial, then sentencing if there is a conviction, with a right to appeal. Most cases end in a plea rather than a trial.
The exact steps vary by state and by whether a case is a misdemeanor or felony, but the backbone is consistent:
- Arrest or citation. Police take you into custody or issue a notice to appear.
- Charging. A prosecutor decides whether to file charges and what they will be; felonies may go through a preliminary hearing or grand jury.
- Arraignment. You are formally told the charges and enter a plea — guilty, not guilty, or no contest — and bail is addressed.
- Pretrial. Both sides exchange evidence (discovery), and your attorney can file motions, including motions to suppress improperly obtained evidence.
- Plea negotiation. The large majority of cases resolve here, through an agreement to a reduced charge or sentence.
- Trial. If there is no plea, the prosecution must prove guilt beyond a reasonable doubt to a judge or jury.
- Sentencing. After a guilty plea or verdict, the court imposes a sentence within the range set by law.
- Appeal. A conviction can be challenged for legal errors in a higher court.
A defense attorney can intervene at every one of these stages — and the earlier they are involved, the more options you tend to have.
Related questions
- When do you need a criminal defense attorney?
- Arrested vs. charged vs. convicted — what’s the difference?
- How does bail work?
- What are your constitutional rights in a criminal case?
- Felony vs. misdemeanor: what’s the difference?
Find an attorney by state
This is general legal information, not legal advice, and laws vary by state. For guidance on your situation, consult a licensed criminal defense attorney where your case is filed.