Immediately after the arrest, the suspect is usually taken into custody by the law enforcement waiting to be aligned in court. However, the time taken before the suspect can be taken to court differs from one country to another and from state to another. It is worth noting that arrest can take two forms that include:
If the law enforcement personnel arrives at the crime scene and determines that, there is probable cause for an arrest. As a result, the officer has no option but rather to take the suspect into custody given the fact that he or she has power and authority to arrest the suspect.
An officer of the law can also make an arrest according to an arrest warrant. However, the necessities for making a proper arrest and obtaining an arrest warrant from the court vary from one state to state and usually depend on whether the crime in question is a felony or a misdemeanor.
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However, not all the jurisdictions have grand juries and only those jurisdictions that allow grand juries can perform them. The prosecutor asks the grand jury to indict the accused. Often, the grand jury is made of private citizens who have the power and authority to conduct proceedings generally with the grand jury members sworn to secrecy. Moreover, the grand jury has the power and authority to compel testimonies to present them in court.
Arraignment by the judge
Instead of going to trial, the defendant is given the opportunity to plead guilty according to a plea agreement. On the second appearance in court, which often takes place before the trial the defendant appears in court and enters a plea. This is a situation where the defendant is only aligned in the court to plead guilty or not guilty, and he or she is not allowed to defend his or herself.
Trial
A trial is the real and live proceeding in court during which evidence is presented, and guilt is determined. A trial is always held before a jury or if the defendant waives the right to trial by jury or for certain misdemeanors before a judge who is often referred to as a bench trial. The trial process includes stages such