Criminal prosecutions are normally initiated with the issuance by a magistrate of a criminal warrant for the arrest of a suspect on a certain criminal charge. The warrant is issued on probable cause found by the magistrate based on the sworn statement of a private citizen or police officer.
After the arrest, the accused is admitted to bail or jailed to await a hearing. This is normally the first step in prosecution for a crime whether the charge is a felony (punishable by confinement in the penitentiary and/or a fine) or a misdemeanor (punishable by confinement in jail for up to 12 months and/or a fine of up to $2,500).
If the crime is a felony, the accused has a preliminary hearing in the General District Court. The accused may hire an attorney of his choosing; if he is indigent, an attorney is appointed by the court to represent him.
| If the judge finds probable cause sufficient to believe that a crime has been committed and that the accused is the criminal agent, then he "binds the accused over" or "certifies" him to the grand jury. If sufficient probable cause is not found, the judge dismisses the warrant. |
A preliminary hearing is held in the General District Court on the issue of probable cause.
While the General District Court may find insufficient probable cause, the Commonwealth's Attorney might still seek an indictment from the grand jury. The grand jury, based only on evidence presented by the Commonwealth's Attorney, may find sufficient probable cause and indict the accused. The accused is then tried in Circuit Court. If the grand jury does not indict, then the prosecution is ended.A person arrested prior to indictment on a felony charge is entitled to a preliminary hearing. If indictment comes “directly” (without a prior arrest on the charge), no preliminary hearing is held. After an accused is indicted, he is arrested and either admitted to bail or jailed awaiting trial.
The trial begins when the accused is arraigned: when he pleads guilty or not guilty. In a misdemeanor case, the accused may, with the consent of the court, plead nolo contendere ‑ "no contest." The court can, but seldom does, refuse to accept a guilty plea.