The Criminal Court Process

1) Using evidence discovered through the investigation and the input received from the MDT, the DAs office determines if there is enough evidence to take the case before a grand jury.

2) The grand jury consists of 18 anonymous citizens. They decide if there is enough evidence to take the case to trial or not. They make this decision by listening to the evidence gathered during the investigation and then voting on how the case should proceed. This voting is done in secret, and it is against the law for anyone to reveal what the grand jury has done or way he did or did not ‘true bill’ a case.

3) If enough evidence is found, it can take up to a year for a case to be placed on a court docket for trial. The case can also be settled by agreement without a trial. This is commonly known as a plea bargain. Most cases are settled this way. A ‘plea bargain’ is reached when the DA, the victim, the defendant, the defense attorney and the judge agree on a charge and a sentence. The offender may have to pay fines, be incarcerated, or placed on probation. In a plea bargain, a conviction will appear on his criminal record and he will have to register as a sex offender.

4) Even if a case does not go to trial, it is important to remember that your child and family may need some help in dealing with the after effects of your experience.