Procedure, and indictment is required when prosecuting a capital offense. A prosecutor has the option of an indictment or information in cases involving crimes punishable by law. Another function of the process is the arraignment by a judge. Before the trial, the defendant appears in court and enters a plea. The most common pleas are guilty and not guilty.
There is also pretrial detention or bail. Detention is a period of temporary custody prior to a trial.
Bail is an amount paid by a defendant to ensure he or she will show up for a trial. There is also plea bargaining that is between the defense attorney and the prosecutor.
Usually, in the plea bargaining process the defendant agrees to plead guilty in exchange for a charge reduction or a sentence reduction. Then there is the trial by a judge or jury, with a prosecutor and a defense attorney that participates. A trial is held before a judge or jury. The standard of evidence for a criminal conviction is guilt beyond a reasonable doubt, it is less than
100 percent certainty but more than a high probability. If there is any doubt based on any reason, the accused is entitled to be acquitted. Then there is the sentencing by a judge. If the accused is found guilty, a judge hands down a sentence. Possible sentences include a fine, probation, a period of incarceration in a
correctional