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Criminal Prosecution

Typical Criminal Prosecution Process

  1. A crime is committed
  2. The appropriate law enforcement agency investigates and either issues a citation, arrests the offender, or forwards the case to the prosecuting attorney for review.
  3. If case is forwarded to prosecuting attorney and prosecutor finds a criminal charge is appropriate, a petition or complaint is filed in District Court.
  4. If a misdemeanor charge:
    1. Arraignment Hearing
    2. Pre-trial Hearing
    3. Trial
    4. Sentencing
  5. If a gross misdemeanor or felony charge:
    1. First Appearance (Rule 5 Hearing)
    2. Second Appearance (Rule 8 Hearing)
    3. Omnibus Hearing
    4. Settlement Conference
    5. Trial
    6. Sentencing