The Criminal Justice System Process - Part Two

Welcome to part 2 of my three part series on criminal justice processes. Part 1 focused on juvenile offenders. The adult criminal system process is much more grueling to understand than the juvenile system because of offense classification. This article is part two of the three part series and will focus on how misdemeanor offenses proceed through the criminal justice system.

When an adult commits an offense, the offense may be categorized as a misdemeanor or a felony. A misdemeanor is an offense which carries a sentence of less than 12 months incarceration. Some examples of misdemeanors are public intoxication, disorderly conduct, prostitution, simple assault, trespassing, and vandalism. Individuals who are convicted of a misdemeanor may be sentenced to probation, community service, house arrest, or part-time incarceration with sentences served on weekends.

The process of a misdemeanor begins with the commission of a crime which is observed and reported by police. At this time, the police officer responding to the situation will begin an investigation and determine if the person should be arrested or not. Once the individual is arrested the prosecution may choose to either file formal charges or release the offender.

Once charges are filed, the prosecution will determine the severity of the offense. If the offense is simply a ticket, the offender will be diverted by the police, prosecutor, or court. If the diversion is successful, such as paying a fine, the offender no longer will remain in the system. If the diversion is unsuccessful, the offender will be returned to face prosecution. If the charges require trial, the offender will have an initial appearance. At this point, the court will make a determination to either drop the charges and release the offender, or continue to process the offender.