What is the process of a criminal trial?

In Montana, the process of a criminal trial typically follows the same pattern regardless of the crime charged. Once a defendant is arrested on criminal charges, they are read their Miranda rights, which include their right to remain silent and the right to have an attorney present during questioning. The court will then assign an attorney to the defendant, if they cannot afford one, and set a date for a preliminary hearing. At the preliminary hearing, the court will decide if the state has enough evidence to prove that the defendant is probably guilty of the charged crime. If the state has enough evidence, the court will schedule the criminal trial. During the criminal trial, the prosecution will present evidence and call witnesses to establish the defendant’s guilt. The defense will present evidence and call witnesses in an attempt to prove the defendant’s innocence. Once all the evidence is presented, the judge or jury will make a decision about the case. If the jury finds the defendant guilty, the court may impose a sentence, which could include prison time, fines, probation, or other forms of punishment. The court will also order the defendant to pay restitution to any victims. If the jury finds the defendant not guilty, the defendant will be released and the charges against them dismissed.

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What is the process of a criminal trial?

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