Once law enforcement has gathered all available evidence, they will determine whether all the evidence taken together establishes probable cause to believe that the perpetrator committed a crime. Only if law enforcement’s evaluation of the evidence establishes probable cause can the perpetrator be arrested and charged with a crime or crimes.

Once arrested, the suspect is considered a defendant. The defendant will be brought to court a short time after the arrest.

At this first appearance in court:

• the defendant will be advised of the initial charges against him/her. (Those charges may change over the next steps of the process, explained ahead);
• the judge will consider whether and in what amount to set bail or to impose other conditions on the defendant’s release; and
• most criminal courts at this stage will issue a temporary restraining order (also known as an order of protection or protection order). Typically this order will require the defendant to stay away from, and refrain from any contact with, the victim (or other named witness) and to refrain from harassing or intimidating the protected party.

At this point a court case has officially begun and the prosecution and defendant are parties to the case. Before the judge makes the decisions listed above, the parties have the opportunity to argue their position. For example, on the issue of the defendant’s release the prosecution has the opportunity to tell the judge what conditions of release the prosecution believes are appropriate and to provide all the reasons/evidence that supports their position. The defendant has the opportunity on the same question to request release and provide all the reasons/evidence that supports his/her position.