The Six Steps After Criminal Charges Are Filed Against a Perpetrator

You reported your sexual assault, underwent a sexual assault forensic examination, and you have just learned that the perpetrator is about to be criminally charged. Here is what to expect once charges are filed.

1. Arrest or Summons: Protect your safety.

The defendant is either arrested or issued a summons (a summons is an order to appear before a judge or magistrate). Either way, you have the right to be protected from the defendant, which can happen in one of two ways. 

Most commonly, the prosecutor can seek to impose a no-contact order as a condition of release of any defendant, regardless of whether the defendant was arrested and released on bond or whether he received a summons in the mail. A no-contact order is far superior to a traditional protective order because the defendant will be incarcerated if he violates it and, in many cases, violating the terms could result in a revocation of the defendant’s bond, which would mean that any property or cash put up as bail would be lost.

In more extreme cases, a defendant can be held in jail pending trial. Courts will usually impose incarceration when the defendant is a flight risk or where he has made particular threats against you and/or your family.

In most jurisdictions, the prosecutor will send you a letter asking whether or not you want to be notified of what is happening and whether you want to participate. Every prosecutor’s office has a victim advocate who can guide you through this process. If you do not complete the necessary paperwork, you will not be notified of hearings or other events in the case and you will not be notified of changes in the custody of the defendant.

In this first step, it is important to understand that you are not a “party” to the criminal case; you are a witness. You do not decide whether to bring charges and you can’t decide whether the charges go forward. These decisions are made by the prosecutor, usually called a “district attorney” or a “state’s attorney.” The prosecutor is not your lawyer; he or she works for the state. This is because even though the assault was committed against you, it also violated a law at the state level or in other words, against the state itself. 

It is also important to know that while the prosecutor is supposed to talk to you about the case and seek your input, they often make important decisions (such as to drop charges, accept plea deals, or grant release) without ever talking to the survivor. These are not best practices. If you feel that your rights are not being respected, we encourage you to contact us. 

2. Arraignment: Know your rights.

An arraignment is a court hearing where the defendant is presented to the court, informed of the charges against him, and enters a plea. You have the right to attend this proceeding or send a representative on your behalf if you would like to, although survivors are rarely informed of these hearings and these hearings are generally not important. 

However, in some jurisdictions, the state engages in plea negotiations at the arraignment so it is best to ask the prosecutor whether there is any chance the state will be accepting a plea deal. This means the state offers the defendant less incarceration time, reduced charges, or other benefits in exchange for pleading guilty. If a potential plea deal is on the table, you or your representative may want to attend the hearing. 

3. The Discovery Phase: Oppose defense requests.

In the discovery phase, the prosecutor is required to turn over all of the evidence collected that supports the criminal charges to the defense attorney. During this phase, the defense attorney can attempt to get evidence relating to you such as school, medical, social media, or phone records. You have the right to oppose any such request and should let the prosecutor know that you want to be informed about any attempt to get information about you. To learn more, please contact us.

During the discovery phase, the defense attorney may hire private investigators to talk to your friends, teachers, classmates, neighbors, and others in your network. Defense attorneys and their representatives may also try to talk to you. Neither you nor any other person you know is under any obligation to talk to defense attorneys and you should report any attempted contacts to the prosecutor.

4. Preliminary Hearing: Preview what is to come.

The court will conduct a preliminary hearing to determine whether there is sufficient evidence to allow the charges to stand and to decide whether evidence should be excluded from trial based on errors by police. While the prosecutor may tell you that you do not need to be at the preliminary hearing because it is “not important,” any time the prosecutor and defendant are in court together is important. This hearing will also feature testimony from the police and possibly others and can therefore provide a lot of information about what to expect at trial.

5. Trial: Stay strong.

Most criminal cases are resolved by plea agreement before trial. The cases that do make it to trial are often delayed by defense attorneys eager to prolong their client’s freedom, or, by courts, which may lack sufficient judges and/or available jurors. You should always contact the prosecutor the day before the trial to see if the trial is expected to go forward. Also, expect that you may have to show up for court several times before the trial begins.

Prior to trial, the attorneys argue pretrial motions and select a jury, which can take hours, days, or weeks in some cases. As a crime victim, you have no formal role in the trial unless you are a witness. If you are a witness, you have the right to attend the trial and you cannot be excluded from it, except under very limited circumstances. You should tell the prosecutor you want to attend the trial in advance and contact us immediately if anyone attempts to exclude you.

The trial itself consists of opening statements by the prosecutor and the defense, previewing for the jury what evidence each side will present. After the opening statements, the prosecutor will put on witnesses and enter evidence. After the state has rested or finished its case, the defendant will ask the court to dismiss the charges for insufficient evidence. That motion is almost always denied. The defense then puts on its case and both parties present closing statements to the jury. The jury deliberates and returns a verdict. If the jury cannot reach a verdict, the court declares a mistrial and the state has the right to retry the defendant.

6. Sentencing: Tell your story.

Should the defendant be found guilty, the sentencing is a hearing at which the judge imposes a sentence for the crime committed. In most places, an agent of the state, usually a probation agency, conducts a pre-sentencing investigation to gather information about the defendant’s history, the impact on the survivor, and the severity of the crime to aid the court in imposing the sentence. At this hearing, you have the right to address the court and to give a victim impact statement either in writing, orally, or both. You are welcome to contact us for guidance in writing and giving this statement.