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The procedure in criminal cases is substantially the same throughout the United States. The person suspected of crime is taken into custody by a police officer, sometimes by service of a warrant of arrest. If the crime is serious, the case is first presented to a grand jury, which draws up an indictment if there is sufficient evidence to justify trial; otherwise it discharges the accused. While action is pending, the party charged may be released on bail . Trial is by jury or before a judge alone if a jury is not required, or if the defendant consents. The government presents its case (i.e., attempts to prove the allegations of the indictment), through the public prosecutor, usually called the district attorney, while the accused is represented by counsel that he or she has chosen or that the court has appointed. If the accused is found or adjudged innocent, he or she is discharged; if the accused is found guilty, the judge pronounces sentence .
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