The basics of the process usually begins with an investigation. Investigations are normally performed by law enforcement. Officers search for evidence and instrumentalities that give rise to probable cause. Probable cause is what initiates foreword progress in a criminal investigation. 

Upon finding of probable cause, law enforcement can make an arrest. Many constitutional rights attach once a party is detained or arrested. Other things such as search warrants can be initiated with probable cause. After an arrest, formal charges are brought against the accused. Under most circumstance, the accused person is entitled to reasonable bail. If bail can be made, the accused will be released under the courts supervision while their case is pending.

After an arrest, the discovery process beings. During this process, the prosecuting attorney will gather all the evidence that they intend on using against the accused. Constitutional law, statutory law, and case law requires this evidence be made available to the accused party. Normally, a defendant will see evidence such as police reports, witness statements, video footage, and audio.

After the discovery period is over, and a plea bargain is not an acceptable avenue for a particular case, the next step in the process is trial. A defendant can either have a bench trial or jury trial. The bench trial is held in front of the presiding judge of the court. In the alternative, a jury trial is held before a jury comprised of citizens of the jurisdiction.

The jury panel is selected by a process called voir dire. Voir dire gives the defendant an opportunity to screen for bias to ensure a fair and impartial trial. Next, pre-trial matters are taken up and the jury is sworn in. Before evidence is presented, usually the prosecution and defendant present opening statements describing what evidence will likely be presented. Afterwards, evidence begins with the prosecution presenting their case in chief. After the prosecutor rests, the defendant may open their case, but since the burden of proof solely rests on the prosecution, the defendant has no obligation to present evidence. After evidence, the jury will be charged and listen to closing arguments by the prosecution and defendant. Afterwards, the jury will deliberate and render a verdict. If a guilty verdict is rendered, the final stage is punishment.