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Pretrial procedures are notably important in the adjudication process. Many important steps occur prior to trial, resulting in the large majority of cases being resolved and not going to trial. The process begins with charging a defendant. Prosecutors are empowered to determine the charges to be filed, although some share the decision with the arresting police officer(s). They may decline to file charges for different reasons. They use discretion in charging suspects, and their decisions are influenced by various factors, such as the seriousness of the offense. They provide a key link between the police and the courts.
The initial appearance in felony cases involves bringing defendants before a judge to provide them formal notice of the charges against them, advise them of their rights, consider the possibility of pretrial release, and inform them of the upcoming courtroom activities. The initial appearance in less serious cases involves defendants responding to the charges against them and likely a resolution to the case.
Preliminary and grand jury hearings both require probable cause as the standard of proof, seek to protect individuals from unwarranted prosecution, help ensure a crime was committed, and help ensure that the defendant was responsible for the crime in question. They differ with regard to who determines whether probable cause exists, the name of the formal charging documents used, the formality and openness of the proceedings, the right to counsel, and the required resources. Further, grand juries can initiate their own investigations and are believed to better reflect the public interest.
The most significant events that occur during an arraignment are the accused once again being informed of their rights, the accused entering a plea, and attorneys offering pretrial motions. Defendants typically enter a plea of guilty, not guilty, or nolo contendere. Some refuse to cooperate with the courts, in which case they are viewed as being not guilty.
Diversion involves halting or suspending formal criminal proceedings prior to conviction with the agreement that the defendant will meet some agreed-on obligation (such as attending anger-management therapy). It is primarily used with first-time, nonviolent offenders who would seemingly benefit from the opportunity to get treatment and avoid formal processing in the criminal justice system.
Among the benefits of plea bargaining are the quick disposition of criminal cases, the certainty of conviction, the reduced time served by those who plead guilty, and the protection of victims from having to testify at trial. Among the disadvantages of plea bargaining are the inherent lack of due process, the encouragement it provides to prosecutors to file the most serious charges (or overcharge) in anticipation of settling for lesser charges through plea bargaining, the undermining of the integrity of the justice system, the reduced punishment associated with the crime, and the encouragement for innocent persons to admit guilt. Courts are often symbolized through images of trials; however, only a relatively small number of cases make it to trial, as most cases are resolved during pretrial practices.