PHIL Criminal Justice System

DONOVAN L. ACEBRON R. Crim

• 1. Crime Is Alleged to Have Occurred
The criminal justice process begins when
someone makes an allegation that a crime has
occurred. The allegation can be made by a law
enforcement officer (sometimes they are the
only witness to a crime, e.g., a traffic law
violation) or a private citizen. At this point,
your prospective client is known as the
suspect.
• 2. Police Conduct an Investigation
Once a crime is alleged, law enforcement
officers will begin to investigate. The
complaining witness or aggrieved victim will
make a statement and written reports will be
made of these statements. If the only witness
involves law enforcement, the officers will
make written reports documenting what they
observed.
• money to pay a lawyer for advice before speaking
to the police. Law enforcement officers must
advise him of his rights if he is questioned in a
custodial setting. But the client is usually on his
own at this point when choosing to waive his
rights and speak with investigators.
A search warrant is necessary if the evidence is
not in plain view or officers have no consent from
the owner to search the thing that may contain
the additional evidence. A search warrant is
obtained if an investigating officer believes that
there is additional evidence to the alleged crime
somewhere else.
• 3. Arrest Is Made
If sufficient grounds exist, the suspect will be taken into custody to be booked
(have his prints and his mug shot taken) and may be charged. 4. Crime Is Charged
If sufficient grounds exist, the suspect may be charged with a crime or violation of
the law. All alleged violations of the law are set out in a charging document. This
document seeks to notify the accused of the charge and the law he is alleged to
have violated. The defense attorney is not involved in drafting or negotiating this
document.
As you may remember from your criminal procedure class, a charge can be
brought in several ways.

Investigating Officer
Traffic infractions, petty offenses, and misdemeanor crimes can be charged by the
investigating law enforcement officer at the time of the initial contact with the
suspect. The officer can prepare the charging document herself. Ordinarily there is
a uniform charging document or form used by the officer. A carbon copy is served
upon the defendant at the time. A speeding ticket is an example of such a charging
document. These charging documents notify the defendant of the time and place
to appear in court to answer to the charges. If the officer works for a municipality,
the charging document will direct the defendant to appear in municipal court. If
the officer works for the sheriff’s department or state patrol, the charging
document will likely direct the defendant to appear in district court. If the suspect
is not taken into custody, he is free to leave.

Grand Jury Indictment