Let’s talk about Criminal Cases
There are three broad categories of cases in Indiana that come after your visit to the CAC. These are criminal cases, CHINS (Children in Needs of Services) cases, and Family Court cases.
Criminal cases are kinda like what you see in movies. They have a judge in black robes. They sometimes have a jury. There are two separate tables for the Prosecutors and Defendants.
Criminal cases can be “jury trials”
Jury trials are when a group of ordinary people come together to hear the case. They decide if someone is guilty or not. Then, the judge sentences them.
Criminal cases can also be “bench trials”
The Defendant has the right to ask for a “bench trial”, which means there is no jury. Instead, the Judge and the Judge alone hears all the Evidence and decides if a person is guilty or not and issues a sentence.
Criminal cases are most like what you see in movies. They have a judge in black robes, sometimes have a jury, and two separate tables for the Prosecutors and Defendants.
Not all that time is spent in court, though. Most of the time is for Evidence, research, and statements to be collected.
Criminal cases aren’t always the same, but here’s how many of them go:
A crime happens
You reported the crime
Police or DCS investigate, sometimes together
A Forensic Interview happens at the CAC
Detectives, DCS, nurses, and prosecutors continue their investigation
Police arrest the suspected abuser
Charges are filed by the Prosecutor
The first court appearance is scheduled, usually within a few weeks
Here’s where the Defendant hears Charges
The judge typically issues strict no-contact orders and Bail
Next comes the Pre-Trial Phase. A lot happens here.
The Prosecutor and the defense attorneys go through the Evidence, review their options, and they may ask to speak to you a bit. Remember, your Victim Advocate will be with you every step of the way.
plea negotiations begin. If the Defendant “takes a plea deal”, the case is pretty much over. This usually means they admit they’re guilty and a judge will issue a sentence.
If a trial has to begin…
If a trial has to begin…
If they don’t take a plea, the case goes to trial:
— Court dates are set
— A jury is called together
— Arguments are made to prove to everyone what happened
— Court dates are set
— A jury is called together
— Arguments are made to prove to everyone what happened
Once arguments are finished, a jury (or a judge in a bench trial) deliberates. Meaning they meet to decide if the Defendant is innocent or guilty.
If the jury or judge decides the Defendant is guilty, the case is over. A judge will then set a later date to sentence the Defendant. For now, they’re going to jail. The sentencing day is when your Victim Impact Statement is read. Your Advocate will make sure you are aware of everything that is happening. If you have any questions, at any time, just let them know.
