Editor's note:This article is the first of a five-part series comparing the criminal justice system as portrayed on television and movies and what really happens in the real world.SALT LAKE CITY — Everyone’s seen TV court shows in which the protagonists and antagonists undergo dramatic criminal trial proceedings. They’re entertaining — but how accurate are they to the actual criminal court process? Here are some of the biggest differences:

• In movies, court cases wrap up extremely quickly: A 2005 Bureau of Justice Statistics report said the average time spent processing a federal appellate case is 14 months. Trials and the proceedings leading up to them are often agonizingly slow.
• Oftentimes, they don’t even go to trial: More than 90 percent of defendants will plead guilty rather than go to trial. That’s right. When Alex Karev beat up Andrew DeLuca in "Grey’s Anatomy," he probably would have just pleaded guilty due to the overwhelming evidence against him.
• When the trial ends, the case is closed: Most TV shows will show that at the end of the trial, no more drama will occur and the show will end. In reality, almost every criminal case with a guilty verdict is appealed to higher courts.
• TV justice makes the viewer feel good, but in reality, the law seeks the most equitable conclusion: TV shows and movies love satisfying endings that tie up loose ends and come to favorable conclusions. That’s not always the case and law, and there are many cases when people may get off in appeals courts on technicalities in the legal process.
• One lawyer on a case: In movies and TV shows one lawyer tends to carry the case to a dramatic, satisfying end. In reality, big court cases are fought by teams of paralegals and attorneys.
• Legal arguments: Ever see a last-minute witness dramatically thrown on the stand on the screen? What about captivating, brief presentations of evidence that drive points home? In reality, litigation involves carefully researched and preplanned piles hard evidence and dreary legal precedent from prior cases.

According to Diane Cruz, a paralegal with the Utah County District Attorney’s Office, a case’s first encounter with the legal process begins when “the police are notified of or encounter a person committing a crime.”

An arrest occurs when police take the individual into custody, and it is complete when the suspect is no longer free to walk away from the officer, according to Findlaw. Generally, the first thing officer’s will do during an arrest is to read the person their Miranda Rights.

Miranda v. Arizona ruled in 1966 that individuals who are under arrest on suspicion of having committed a crime must have their rights explained before they can be questioned. The rights are derived from the Fifth Amendment, which protects the right to be free from self-incrimination. More on Miranda Rights can be found here.

After being arrested, the individual will be booked. During this time, the police will obtain basic information including birthdate, fingerprints and a photo. After an individual has been booked, his or her case is provided to a prosecutor’s office where a decision is made as to what charges, if any, need to be filed. The right to a speedy trial is also protected, which usually means that charges must be filed within 72 hours. Charges can later be adjusted.

“The police file a report and, if charges are appropriate, refer it to a prosecutor’s office,” Cruz added. This can be a city or county prosecutor’s office, depending on whether the crime is a felony or misdemeanor; cities often handle misdemeanors, while counties generally focus on felonies.

Geoff Fattah, communications director for the Utah State Courts, said, “Then the prosecuting attorney files the criminal information with the courts. Typically this is the name of the defendant, the nature of the events, etc.”

According to Fattah, if the individual was not arrested by police at the time of the crime and the prosecution deems it necessary, an arrest warrant can be issued for the individual to be taken into custody. The prosecution can also issue a summons if the arrest is not necessary.

“In a criminal matter, the defendant is then booked, fingerprinted, and the judge determines the conditions of their pretrial release,” Fattah explained. That could include being held without bail (in the case of murder). The judge can assign a bail amount which the individual could pay to be freed from jail with the promise to return for court proceedings.

Right to Counsel

“Everyone is entitled to defense counsel whether or not they can afford it. The defendants are asked how much their monthly income is,” Fattah explained. If they don’t have enough money for an attorney, the judge will ensure that they get access to a public defender.

The Utah Courts explanation of the criminal process dictates that the U.S. Constitution grants everyone the right to counsel in criminal proceedings. If the defendant can’t afford an attorney and faces jail time, the prosecutor will pay for their attorney.

Generally, individuals qualify for counsel if their income is less than 150 percent of the poverty guidelines established by the U.S. government. If they make more money than that, then the person may still be appointed to counsel if they can show in some other way that they can’t afford to hire their own attorney, according to Utah Courts.

First Appearance

According to the Department of Public Safety, this is the first step in the court process, and at this hearing, a defendant will be appointed an attorney if they cannot afford one, and a preliminary hearing date will be set. Generally, they are also read their rights.

Preliminary Hearing

The prosecution presents evidence in an attempt to demonstrate that there is probable cause both that a crime has been committed and that the defendant committed that crime, Utah Department of Public Safety explained.

If the judge decides there is probable cause then the defendant will head on to a district court for arraignment and trial. If there isn’t sufficient evidence of probable cause, the judge will dismiss the case.

Arraignment

In an arraignment, the defendant will appear before a judge and be advised of his or her right to have a trial. They will enter into a plea.

“If the plea is ‘guilty, the court will ensure that the defendant understands the rights the defendant will be waiving," Utah Courts explained. "If the court is satisfied the defendant understands the consequences, the court will accept the guilty plea. The court will schedule a date for sentencing.”

If they plead “not guilty,” a pretrial conference and trial dates will then be scheduled. This plea will preserve every option for the defendant.

• Utah Courts identified two other types of pleas:
• No contest, which is the same process as a guilty plea but rather than admitting guilt the defendant admits that the prosecutor will likely win at trial.
• Alford plea, which may be used when the defendant wants to have the advantage of a plea bargain, but won’t admit guilt.

Pretrial Motions

According to Utah Courts, before a trial starts, either the prosecution or the defense can file any number of motions, which is a formal request for a judge to issue an order. Types of motions include suppression of the introduction of evidence of a defendant’s prior convictions, requests for discovery, etc.

According to the Department of Public Safety, motions are procedures in which the prosecutor or defense attorney will ask the judge to rule on an aspect of the case. The judge rules for either defense or prosecution, which are both able to present arguments for or against the motion.

Motions must be filed in writing at least seven days before the trial. All motions will then be heard and decided by a judge before the trial will proceed.

Pretrial Conference

A pretrial conference allows the prosecutor and defense attorney an attempt to negotiate a settlement. Judges can choose to approve a settlement, and those that are not settled will move on to a trial.

Plea Bargaining

“The prosecution may approach the defendant with an offer of a plea agreement,” Fattah said.

Essentially, it’s a deal between the defendant and the prosecution where the defendant admits at some level for committing a crime. The prosecutor and defense attorney can negotiate for “mutually satisfactory disposition” of the case, according to Utah Courts. The judge only needs to approve the plea agreement, not participate in it. If both parties accept the bargain, the defendant will plead guilty and proceed to sentencing.

If no plea bargains or settlements are made and the arraignment is done with, the next step for the defendant will be a formal trial.

Check in next Wednesday for an explanation of criminal trials.

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