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Cout System Overview
The following information will explain, step by step, what may happen in your case. It may not apply to all cases and every step may not be represented. It is provided as a simple guide only. Our advocates are available to assist victims at any point.
- A crime is committed.
- The law enforcement is notified and takes appropriate action.
- Responding officers complete an initial investigation and report.
- If sufficient evidence exists, an investigation is undertaken and witnesses are identified.
- Law enforcement's investigation is completed.
- If a suspect has been taken into custody, a preliminary hearing is scheduled within 24 hours (excluding weekends) to establish probable cause (i.e. more likely than not the suspect committed the crime) and bail is set.
- If a suspect is not taken into custody, a referral is made by law enforcement to the Prosecuting Attorney’s Office.
- The case is evaluated by a Prosecutor to determine if formally charges will be made. If so, a warrant is issued.
- The suspect is arrested and possibly, stolen property is recovered and either returned or held for evidence.
- In cases involving violent physical injury, the victim should be informed of prosecution and have Crime Victim Compensation services explained.
- An arraignment hearing is scheduled in which the defendant will plead ‘guilty’ or ‘not guilty’
- A pre-trial hearing is set during the arraignment hearing as well as a trial date.
- Either the defendant changes his/her plea to guilty and is sentenced without a trial or
- A courtroom trial is held (the victim or witness will testify). Defendant is found guilty or not guilty.
- The defendant is sentenced or released based on the verdict. Victims have a right to be present and submit a statement to the court or address the court at sentencing.
- Victims/witnesses may be eligible for release notification from the Department of Corrections.
All information in this section courtesy of crime victim's advocacy network; CVAN11.ORG
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