criminallaw.wikiThe sourced reference on US criminal law

Charged with a crime? Start here

From criminallaw.wiki, the sourced reference on US criminal law
General information, not legal advice. Criminal laws differ by state and change often. For advice about a specific situation, talk to a licensed criminal defense lawyer or a public defender. See the legal disclaimer.

Law checked as of · Written by the criminallaw.wiki editorial team

Key facts: After an arrest, a defendant is usually brought before a judge the same day or the next day to learn the charges, be advised of rights, and have bail considered.[2]

Being arrested or charged with a crime starts a process with specific steps, rights, and deadlines. This orientation explains, in general terms, what typically happens early in a criminal case and where to find more detail on each stage. Procedures differ between the federal system and the states, and often between states, so always treat the information here as a starting point rather than a prediction of what will happen in any particular case.[1]

What happens first

Steps in the federal criminal process1. Investigation2. Charging3. Initial hearing /arraignment4. Discovery5. Plea bargaining6. Preliminaryhearing7. Pretrial motions8. Trial9. Post-trial motions10. Sentencing11. Appeal
The steps in a federal criminal case in the order the U.S. Department of Justice lists them. Many cases end early with a guilty plea, and state procedures vary. Diagram: criminallaw.wiki.[1]

Federal criminal cases generally move through a series of stages: investigation, charging, an initial hearing or arraignment, discovery, possible plea bargaining, pre-trial motions, trial, sentencing, and appeal.[1]State systems follow their own rules and use different titles for prosecutors and judges, but the overall sequence is similar.[1]The same conduct can sometimes be charged by both a state and the federal government, and each jurisdiction sets its own punishments.[1]For a step-by-step look at how a case typically unfolds, see the criminal process step by step, including the details of arrest and arraignment.

Your rights if you are questioned or arrested

Police must give a Miranda warning before custodial interrogation, informing a detainee of the right to remain silent, the right to consult an attorney and have the attorney present during questioning, and the right to a court-appointed attorney if the person cannot afford one.[3]These warnings come from the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel.[3]If police fail to give a proper warning, or a valid waiver is not obtained, any statements made may be inadmissible at trial.[3]More on these protections is available at Miranda rights, Fifth Amendment rights, and Sixth Amendment rights; the case that established the warning is discussed at Miranda v. Arizona (1966).

Getting a lawyer

The right to counsel allows a criminal defendant to have a lawyer help with the defense, even if the person cannot pay for one.[4]The Sixth Amendment guarantees this right in federal prosecutions, and the Supreme Court extended it to state felony prosecutions in 1963.[4]In that case, a defendant who had been denied appointed counsel in a Florida court was sentenced to serve five years in state prison before the Supreme Court took up his claim.[8]The right generally attaches once formal judicial proceedings have begun, such as by formal charge, preliminary hearing, indictment, information, or arraignment.[4]A public defender is a government-paid lawyer appointed by the court to represent people who cannot afford their own attorney.[5]See public defenders and Gideon v. Wainwright (1963) for more.

Bail and release

At the initial hearing, a magistrate judge decides whether a defendant will be held or released before trial, and in many cases the law allows release if bail requirements are met.[2]Before setting bail, the judge holds a hearing to weigh facts such as how long the defendant has lived in the area, family ties nearby, prior criminal record, and whether the defendant has threatened witnesses, along with the defendant's potential danger to the community.[2]Bail is the money a defendant pays as a guarantee of returning to court; failing to return allows the court to keep that money.[6]Judges weigh the risk of flight, the type of crime alleged, the dangerousness of the defendant, and community safety, and bail can come with conditions such as no contact with an alleged victim.[6]If a defendant cannot post bail, a judge may order the person held in custody pending trial.[2]See bail and pretrial release and Eighth Amendment: bail, fines and punishment.

Court dates and deadlines

At the initial hearing, held the same day or the day after arrest, the defendant learns more about the charges and rights, arrangements are made for an attorney, and the defendant is asked to plead guilty or not guilty.[2]An arraignment is the formal step at which a defendant is brought before the court to hear the charges and enter a plea.[7]After this stage, cases can proceed through discovery, plea bargaining, pre-trial motions, and trial.[1]Missing scheduled court dates or deadlines can affect a case, so understanding the stages ahead matters; see arraignment and plea bargaining for more on what follows.

For background on how criminal law is structured, see what is criminal law, felony vs misdemeanor vs infraction, and elements of a crime. To explore constitutional protections in more depth, visit constitutional rights of the accused. For common questions people ask about criminal cases generally, see common questions about criminal law, and for definitions of terms used throughout, see the criminal law glossary.

Common questions

What happens in the first days after an arrest?

A defendant is typically brought before a magistrate judge for an initial hearing either the same day or the day after arrest, where the person learns more about the charges and rights, arrangements are made for an attorney, and the judge decides on release or detention.[2]The defendant is also asked to enter a plea of guilty or not guilty at this stage.[2]

Should I talk to the police?

Before any custodial interrogation, police must inform a detainee of the right to remain silent, the right to have an attorney present during questioning, and the right to an appointed attorney if indigent.[3]These rights come from the Fifth Amendment protection against self-incrimination and the Sixth Amendment right to counsel.[3]A person can waive these rights, but any waiver must be made voluntarily, knowingly, and intelligently.[3]

How do I get a lawyer if I can't afford one?

The Sixth Amendment guarantees the right to counsel in federal prosecutions, and the Supreme Court extended that guarantee to state felony prosecutions in 1963.[4]A public defender is a lawyer appointed by the court, paid by the county, state, or federal government, to represent people who cannot afford to hire their own attorney.[5]Arrangements for a defendant to have an attorney are typically made at the initial hearing after arrest.[2]

What deadlines matter early in a case?

The initial hearing generally occurs the same day or the day after arrest, and the arraignment is the formal step where the defendant hears the charges and enters a plea.[2][7]After arraignment, a federal case can move through discovery, plea bargaining, pre-trial motions, and trial.[1]Because state systems set their own rules and titles for these stages, specific timing can vary by jurisdiction.[1]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h "Steps in the Federal Criminal Process". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  2. ^ a b c d e f g h i j "Initial Hearing / Arraignment". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  3. ^ a b c d e f g "Miranda rule (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b c d e "Right to counsel (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  5. ^ a b c "Public defender (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  6. ^ a b c "Bail (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  7. ^ a b c "Arraignment (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  8. ^ "Gideon v. Wainwright, 372 U.S. 335 (1963)". U.S. Supreme Court opinion via Legal Information Institute. Retrieved November 2026.