The basic steps in the prosecution and trial of a criminal case are similar in all jurisdictions. The procedural rules at each step in the process may vary, but the process itself follows the same general outline:

• Arrest. The defendant is taken into custody by law enforcement. The arrest of the defendant can be with or without a warrant. The defendant should be advised of the right to counsel at the time of the arrest.

• Booking. The defendant is processed after arrest by being searched, fingerprinted, and photographed to provide a record of the arrest. The defendant is given the opportunity to contact legal counsel.

• Initial appearance. The prosecution is required to file formal charges against the defendant within a reasonable time after the arrest. The defendant appears before a judge for the recitation of the charges and the entry of an initial plea — usually not guilty. If the defendant remains in custody, the judge must consider an application for bail.

• Indictment. Once the defendant has made an initial appearance, the charges are refined. The prosecutor may present the evidence collected by law enforcement to a grand jury. If the grand jury finds sufficient cause to proceed, it issues an indictment. The indictment must contain the specific charges that the prosecution will attempt to prove at trial.

• Information. In some jurisdictions, the prosecution may choose the alternative of presenting the basic outline of the criminal case to a judge in a preliminary hearing. The defendant has the right to participate in the hearing and may offer evidence. Few defendants do so, however, because the amount of evidence necessary to certify a criminal case for trial is minimal. Once the judge decides that there is probable cause to proceed to trial, a charging document called an information is prepared. The information serves the same function as an indictment.

• Arraignment. After the charging document is prepared, the defendant is again brought before a judge to hear those charges. A plea of not guilty is customarily entered, any demands for speedy trial are made, and the case is scheduled for trial.

• Guilty plea. If the prosecution and the defendant can reach an agreement on a criminal charge and an offense that satisfies both sides, the defendant may plead guilty. Plea bargains are used to dispose of the majority of the criminal cases in the American judicial system. Plea bargains can be the result of a number of factors such as evidentiary problems, exchange of information, or a desire to limit the punishment.

• Trial. If the parties are unable to reach a plea bargain, the case proceeds to trial. If the defendant is found guilty, the judge will ask for a presentencing report. The presentencing report provides information to assist the judge in deciding on a sentence. At sentencing, the judge may impose any sentence allowed by law.