Is It Bad if the State Picks Up a Case Against You?
Explore how state prosecution works, what it means for your legal rights, and how the process may impact your defense strategy.
When the state takes over a criminal case, it signifies a serious development. It generally means prosecutors believe there is sufficient evidence to pursue formal charges, potentially leading to significant legal consequences. Understanding this process is important for anyone facing such a situation.
Government Authority to Prosecute
Criminal acts are considered offenses against the community, not just private disputes. Therefore, the government, often called “the state,” assumes the responsibility of prosecuting alleged offenders on behalf of the public. This authority originates from federal and state constitutions and laws that define crimes and outline prosecution procedures.
Prosecutors, such as District Attorneys or U.S. Attorneys, represent the government in these cases. They possess prosecutorial discretion, meaning they have the legal authority to decide whether to file charges, what charges to file, and whether to proceed with a case. This decision involves evaluating the evidence, the severity of the offense, the likelihood of conviction, and the public interest. When the state “picks up” a case, it reflects the prosecutor’s judgment that formal legal action is warranted.
Charges and Indictments
After deciding to prosecute, the state files formal written accusations, known as criminal charges. An initial document, often a criminal complaint prepared by law enforcement or prosecutors, outlines the alleged offense and is used to establish probable cause – a reasonable basis to believe a crime occurred and the accused committed it. This standard is necessary to justify an arrest or continue the case.
For serious crimes, typically felonies, a grand jury may be involved. This panel of citizens reviews evidence presented by the prosecutor in private to determine if probable cause exists. The grand jury does not decide guilt. If it finds sufficient probable cause, it issues an indictment, a formal document detailing the charges. If not, the charges are usually dropped.
In cases not requiring a grand jury (like misdemeanors or when a defendant waives indictment), the prosecutor files charges directly using a document called an “information.”1U.S. Department of Justice. U.S. Attorneys | Charging Similar to an indictment, it specifies the charges but may be reviewed by a judge in a preliminary hearing to confirm probable cause. Both indictments and informations fulfill the crucial requirement of formally notifying the accused of the charges, as guaranteed by the Sixth Amendment, allowing them to understand the allegations and prepare a defense. This filing officially begins the court phase of the criminal case.
Courtroom Steps
Once charges are filed, the case enters the court system, starting with the arraignment. At this hearing, a judge reads the charges, ensures the defendant understands them, and advises the defendant of key constitutional rights, including the right to counsel and the right to remain silent. The defendant enters a plea (usually “guilty,” “not guilty,” or “no contest”). The judge also decides on pretrial release conditions, such as bail.
If the plea is “not guilty,” the case moves to the pretrial phase. During this stage, both the prosecution and defense prepare for trial. Discovery involves exchanging relevant information and evidence. The prosecution must typically disclose its evidence and any information favorable to the defendant. The defense may file pretrial motions, asking the judge to rule on legal issues, such as requests to suppress evidence allegedly obtained illegally or motions to dismiss charges.
If the case isn’t resolved pretrial through dismissal or a plea agreement, it proceeds to trial. The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.”2U.S. Department of Justice. U.S. Attorneys | Trial The trial typically starts with jury selection. Both sides then make opening statements. The prosecution presents its evidence and witnesses, whom the defense can cross-examine. The defense may then present its own case, though it isn’t required to, as the burden of proof rests with the state. After both sides present evidence, they give closing arguments. The judge instructs the jury on the law, and the jury deliberates. A guilty verdict requires a unanimous decision in most criminal trials. An acquittal (not guilty verdict) means the defendant is released and cannot be retried for the same crime. A guilty verdict leads to the sentencing phase.
Sentencing Options
If a defendant is convicted, a judge determines the sentence. For less serious crimes, penalties might include fines, restitution to the victim, or community service. Probation, allowing the individual to remain in the community under supervision and specific conditions, is another option, sometimes combined with a short jail term.
More serious offenses, especially felonies, often result in incarceration in jail (typically for shorter terms) or state prison (for longer terms). Sentencing structures vary. Determinate sentencing involves a fixed prison term set by the judge, though time served might be reduced for good behavior. Indeterminate sentencing involves a minimum and maximum term (e.g., 5 to 10 years), with potential release after the minimum term decided by a parole board based on rehabilitation. Parole involves supervision after release from prison.
When convicted of multiple offenses, sentences can be concurrent (served simultaneously, totaling the length of the longest single sentence) or consecutive (served one after another, adding up the terms). Judges consider sentencing guidelines, which suggest ranges based on offense severity and criminal history, although these are often advisory.3Legal Information Institute (Cornell Law School). Federal Sentencing Guidelines They also weigh aggravating factors (increasing severity, like heinousness of the crime) and mitigating factors (lessening severity, like minimal involvement). The final sentence aims to be proportionate to the crime and consistent with sentences for similar offenses.
Defense Representation
The Sixth Amendment guarantees anyone accused of a crime the right to legal counsel.4U.S. Court of Appeals for the Armed Forces. Constitutional Matters: Right to Counsel The Supreme Court case Gideon v. Wainwright (1963) established that this right applies in state felony cases, meaning the government must provide an attorney for defendants who cannot afford one.5United States Courts. Facts and Case Summary – Gideon v. Wainwright
This right to counsel begins when formal judicial proceedings are initiated against the accused, such as through a formal charge, indictment, or arraignment.6National Conference of State Legislatures. Pretrial Right to Counsel From that point on, the accused has the right to have an attorney present during critical stages of the process, like police interrogations or lineups conducted after charges are filed.
States fulfill the obligation to provide counsel through various methods. Many use public defender offices staffed by government-employed attorneys specializing in representing indigent defendants. Others use an assigned-counsel system, appointing private attorneys from a list to handle cases, paid by the government. Contract systems, where firms agree to handle a volume of cases, are also used.
The Sixth Amendment requires not just any lawyer, but the effective assistance of counsel. The standard, set in Strickland v. Washington (1984), requires a defendant claiming ineffective assistance to show two things: that the lawyer’s performance was objectively unreasonable according to professional norms, and that this poor performance likely affected the outcome of the case.7Justia U.S. Supreme Court Center. Strickland v. Washington, 466 U.S. 668 (1984) This means demonstrating a reasonable probability that, without the attorney’s errors, the result would have been different. Courts generally give considerable deference to attorneys’ strategic decisions when reviewing these claims.
