WHAT IS THE CRIMINAL JUSTICE PROCESS?
Arrest: Arrests can occur with or without an arrest warrant. Before the police can arrest you, there must be probable cause. Probable cause is a more likely than not standard. Think of the scales of justice – one side just has to tip slightly to reach the probable cause standard. There must be probable cause to believe that a crime was committed and probable cause to believe that the person being arrested committed the crime. When you are arrested, you have certain rights that the police must inform you of before they ask you any questions. These include: the right to remain silent and the right to an attorney. We have all heard about the Miranda warning. You do have the right to remain silent. You can refuse to answer any questions until you have an attorney present. If you are facing jail time you have the right to an appointed attorney if you cannot afford one. Arraignment for misdemeanors: once the prosecutor files criminal charges against you will make your first court appearance
