Arrests must be based on probable cause. An arresting officer has probable cause when he believes its more like than not a crime has been committed and committed by a particular individual or individual(s).

MISDEMEANORS: Arrests can only be made for crimes which occur in the presence of the person making the arrest, or with a warrant. For this reason, shoplifting arrests are technically made by a store security guard. (The police actually effectuate the arrest.)

While going through the booking process, the following should be expected:

• Mug Shots
• Fingerprints
• A search
• Routine questions on pedigree (name, address, etc.)

If your case begins with a court appearance and not an arrest, you may still be required to appear at the police station for a book-and-release procedure.

Most jails will give out booking information (arrest date, bail, visiting information, location, court date, charges and booking number). Generally, you'll be asked for the defendant's full name and birth date. Keep the booking number for future reference.

The Criminal Procedure Law allows for a defendant to obtain discovery. It provides that a defendant is entitled to discover the following items from the People:

• Statements made by the defendant and codefendant to a public servant engaged in law enforcement, as well as statements made to a grand jury.
• Written reports by experts, a public servant or a witness whom the prosecution will call at trial.
• Photographs made by police or prosecutor
• Property taken from the defendant
• Recordings that will be introduced into evidence at trial
• Exculpatory and other favorable material
• The particulars regarding the offense charged and the defendant’s arrest.
• In DWI cases documents relating to breathe test or blood test.

Pre-trial motions are important tools for criminal defense attorneys. The principal motion that the defense brings during a criminal proceeding is the pretrial omnibus motion.
Common motions include:

• Suppress Evidence (e.g., an illegal search) – When the government obtains evidence against a defendant in violation of his/her constitutional rights, that evidence may be suppressed, and therefore not introduced at trial by the prosecution.
• Dismiss the Information- There are many reason why misdemeanor information my be found defective by a court and dismissed. Several are those are:
• Failure to contain nonhearsay factual allegation that establish a crime.
• Failure to allege factual allegation that constitute a crime.
• Failure to identify factual allegation based upon “information and belief” i.e. information obtained from a secondary source and “personal knowledge.
• Speedy Trial- The U.S. Constitution has a speedy trial provision. The constitutional right to a speedy trial looks to the length of time between the commencement of the action against the defendant and commencement of trial. In particular, the amount of time in which the government was unable or not ready to proceed to trial and the defense was ready to proceed to trial. The court must dismiss a case when the prosecution is not ready for trial as follows:
• One of the charges is a felony 180 days
• One of the charges is an “A” misdemeanor 90 days
• One of the charges is “B” misdemeanor 60 days
• One of the charges is a violation 30 days
• Sever Counts
• Compel Discovery
• Strike Counts

A "trial" is the examination of facts and law presided over by a judge with authority to hear the matter.

A trial begins with the calling of the parties to come and be heard, and selection of a jury if one has been requested.

Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove. The defense may withhold the opening statement until the defense is ready to present evidence.

After the opening statement(s), the evidence of the case is presented first by the prosecution. The defense then presents its evidence. Then the prosecution and defense each present their rebuttal evidence in response to the evidence presented after the opening statements.

At the conclusion of the presentation of all evidence, each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions.

If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case, based on "jury instructions" submitted by the attorneys and approved, rejected, modified and/or added to by the judge. Then the jury retires to the jury room, chooses a foreperson and decides the factual questions. If there is no jury, the judge will determine legal issues and decide factual questions and render (give) a judgment. A jury will judge the factual issues and decide the verdict based on the law as given by the judge in the instructions.

Final verdict or judgment usually concludes the trial, although in some criminal cases a further trial will be held to determine "special circumstances" (acts which will increase the punishment) or whether the death penalty should be imposed.

Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers. In most criminal cases the exact punishment will be determined by the judge at a hearing held at a later time.