An arrest does not necessarily lead to a criminal charge. Police may arrest someone on suspicion of a crime, and prosecutors may conclude that they do not have enough evidence to pursue the case. You are not obligated to talk to police or prosecutors at any time, since they may want you to incriminate yourself. You also have the right to consult with a criminal defense attorney if you are placed under arrest.

If prosecutors charge you with an offense, the criminal litigation process begins.

You are not required to submit to a breath test or a field sobriety test, as the U.S. Constitution protects you from offering evidence against yourself. If you refuse such a test when requested by a police officer, however, the officer may arrest you and seek a warrant to perform a breath or blood test. Because of the way the body breaks down alcohol over time, police treat this sort of issue with urgency. Some law enforcement officers around the country have asserted a need to draw blood from a DUI suspect without a warrant, but the U.S. Supreme Court is considering whether this is permissible.

Most criminal cases result in a plea agreement, in which a defendant agrees to plead guilty or no contest, often to a lesser offense than the one charged. A plea may result in a significantly lesser sentence or fine than the defendant might have risked at trial, or even probation. Sometimes, a prosecutor will agree to dismiss a charge entirely if a defendant meets certain conditions, such as community service or payment of restitution.

Prior to the trial, a criminal defense attorney can meet with the prosecutors to discuss possible plea agreements. This is also the time when the attorney collects and reviews the state’s evidence and makes pretrial motions to the court. An attorney may, for example, move to suppress evidence obtained by police in violation of a defendant’s Fourth Amendment rights, or to dismiss charges that are not supported by the state’s evidence.

Trial preparation includes the collection of evidence, including police reports and other documents, and the preparation of testifying witnesses.

A defendant has a right to trial by jury but may waive that right and have a trial before a judge. The State has the burden of proving the defendant’s guilt beyond a reasonable doubt. Although the State presents its evidence first, the defendant gets the last word to the judge or the jury. If the judge or jury concludes that the State has not met its burden of proof, it must enter a verdict of not guilty, acquitting the defendant. Otherwise, it enters a guilty verdict.

The judge determines the sentence based on guidelines established by state law. This may include a jail or prison sentence, a fine, or a combination of the two. It may also include an order to pay restitution to any victims of the offense.