Basic Premise Of A Criminal Case

In a criminal case, the prosecution seeks to prove beyond a reasonable doubt that the defendant committed a criminal act to a jury of her peers or to a government-sanctioned district attorney.

Presumption Of Innocence

The burden of proof in a criminal case is placed on the prosecution. The defense does not have to prove that the defendant is innocent, but the prosecution must prove that the defendant is guilty. This is referred to as the presumption of innocence.

Different than Civil Case

In a civil case, guilt need not be proved. Rather, the court must weigh the arguments presented by both the defense and prosecution and determine which argument is more probable.

Sentencing

If a defendant is convicted (found guilty), a date is set when the sentence of the defendant is established. Depending on the type of conviction, the defendant may be allowed to remain free until sentencing. The sentence is delivered by the judge presiding over the case.

Appeal

If a defendant is found guilty, he may be given chance to appeal the ruling of the case. In federal court, criminal defendants have the legal right to file an appeal. At the state level, an appeal may be filed at the court's discretion.

Source:

Differences between Civil and Criminal Law

Criminal Cases--Understanding the Federal Courts

Steps in a Trial: Civil and Criminal Cases

Resource:

Your Legal Rights--Criminal Law Lawyer Source