Flow chart showing stages leading up to trial and beyond, including role of grand jury (to decide whether there is probable cause and, if so, indict), what indictment means (being formally charged with a crime), and arraignment (when defendant appears in court to hear and answer charges).
Prosecutor/Special Counsel Jack Smith
The prosecutor (special counsel in this case) and his
office present evidence to the grand jury during their
investigation. The special counsel prepares an
indictment and asks the grand jury for a vote.
Attorney general
The special counsel must
notify the attorney general
of significant events, such
as a decision to ask the
grand jury for indictment
Grand jury
Grand juries decide whether there is probable cause.
If so, a suspect is indicted.
Indictment
No indictment
Arrest
Initial hearing/Arraignment
The defendant appears before a
magistrate judge to hear charges
and enter a plea. The judge also
decides whether to grant bail.
Discovery
Guilty plea
Prosecution must share evidence
with defense during discovery.
Preliminary Hearing
Held within 14 or 21 days of the
initial hearing, the prosecutor
must prove there is enough
evidence to try the case.
Pre-trial motions
Attorneys on both sides may
motion the court to decide
certain issues, such as venue,
what evidence will be shown, or
whether to dismiss the case.
Trial
Not guilty
Guilty
Post-trial motions
Common post-trial motions
include asking for a new trial,
acquittal, or vacate, set aside, or
correct a sentence.
Sentencing
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Prosecutor/Special Counsel Jack Smith
The prosecutor (special counsel in this case) and his office present evidence to the grand jury during their investigation. The special counsel prepares an indictment and asks the grand jury for a vote.
Attorney general
The special counsel must notify the attorney general of significant events, such as a decision to ask the grand jury for indictment
Grand jury
Grand juries decide whether there is probable cause. If so, a suspect is indicted.
Indictment
No indictment
Arrest
Initial hearing/Arraignment
The defendant appears before a magistrate judge to hear charges and enter a plea. The judge also decides whether to grant bail.
Discovery
Guilty plea
Prosecution must share evidence with defense during discovery.
Preliminary Hearing
Held within 14 or 21 days of the initial hearing, the prosecutor must prove there is enough evidence to try the case.
Pre-trial motions
Attorneys on both sides may motion the court to decide certain issues, such as venue, what evidence will be shown, or whether to dismiss the case.
Trial
Not guilty
Guilty
Post-trial motions
Common post-trial motions include asking for a new trial, acquittal, or vacate, set aside, or correct a sentence.
Sentencing
Prosecutor/Special Counsel Jack Smith
The prosecutor (special counsel in this case) and his office present evidence to the grand jury during their investigation. The special counsel prepares an indictment and asks the grand jury for a vote.
Attorney general
The special counsel must notify the attorney general of significant events, such as a decision to ask the grand jury for indictment
Grand jury
Grand juries decide whether there is probable cause. If so, a suspect is indicted.
Indictment
No indictment
Arrest
Initial hearing/Arraignment
The defendant appears before a magistrate judge to hear charges and enter a plea. The judge also decides whether to grant bail.
Discovery
Guilty plea
Prosecution must share evidence with defense during discovery.
Preliminary Hearing
Held within 14 or 21 days of the initial hearing, the prosecutor must prove there is enough evidence to try the case.
Pre-trial motions
Attorneys on both sides may motion the court to decide certain issues, such as venue, what evidence will be shown, or whether to dismiss the case.
Trial
Not guilty
Guilty
Post-trial motions
Common post-trial motions include asking for a new trial, acquittal, or vacate, set aside, or correct a sentence.
Sentencing
Prosecutor/Special Counsel Jack Smith
The prosecutor (special counsel in this case) and his office present evidence to the grand jury during their investigation. The special counsel prepares an indictment and asks the grand jury for a vote.
Attorney general
The special counsel must notify the attorney general of significant events, such as a decision to ask the grand jury for indictment
Grand jury
Grand juries decide whether there is probable cause. If so, a suspect is indicted.
Indictment
No indictment
Arrest
Initial hearing/Arraignment
The defendant appears before a magistrate judge to hear charges and enter a plea. The judge also decides whether to grant bail.
Discovery
Guilty plea
Prosecution must share evidence with defense during discovery.
Preliminary Hearing
Held within 14 or 21 days of the initial hearing, the prosecutor must prove there is enough evidence to try the case.
Pre-trial motions
Attorneys on both sides may motion the court to decide certain issues, such as venue, what evidence will be shown, or whether to dismiss the case.
Trial
Not guilty
Guilty
Post-trial motions
Common post-trial motions include asking for a new trial, acquittal, or vacate, set aside, or correct a sentence.
Sentencing