Charged with a crime in Puerto Rico: the stages of the process and the rights that protect you

When someone is believed to have committed a crime, the Government has the responsibility to investigate and start a judicial process to prove, beyond reasonable doubt, that they committed it. The set of entities involved is called the Criminal Justice System, and they do not all belong to the same branch of government. From the Judiciary: the judge, the marshal and the clerk’s staff, who record the courtroom audio and prepare the minute. From the Executive: the Department of Justice prosecutor, the Police, expert witnesses, the Institute of Forensic Sciences, the Corrections Department’s Pretrial Services Program, the Department of Correction and Rehabilitation itself, and the Parole Board. A crime is conduct prohibited by penal laws, special statutes or municipal provisions; when a minor does it, it is called a “falta” and is handled under the Juvenile Justice System.

This guide is a general orientation on how the process works, not a procedure you apply for. It applies to anyone charged, accused or sentenced, and also serves victims and witnesses trying to understand what stage a case is at. The main difference between felony and misdemeanour is the penalty or security measure imposed, always weighing the circumstances of each case; the other difference is the stages, because felonies have additional ones. The right to free legal representation applies to anyone without the financial means to pay a lawyer, with the Judiciary’s own caveat: that does not mean the accused gets to choose the lawyer they prefer.

• The State must prove beyond reasonable doubt every element of the crime and that the accused committed it; if reasonable doubt exists, they cannot be found guilty.Verified against the official source
• No person may be deprived of liberty without due process of law.Verified against the official source
• From the investigative stage on, anyone an investigation has focused on has the right to counsel; without the means to pay, the State must provide free legal representation.Verified against the official source
• Preventive detention before trial shall not exceed six months, counted from the court’s probable-cause determination for arrest.Verified against the official source
• Dismissal for a speedy-trial violation is not automatic: the judge weighs each request, the reasons for the delay and the prejudice it may have caused.Verified against the official source

• The Judiciary’s page on criminal procedure is a general orientation and publishes no list of documents the charged or accused person must present.

1. 1

   Step 1: Investigative stage: the court barely appears

   It is run by the prosecution — Department of Justice prosecutors — with the Police. Their aim is to identify the suspect, gather evidence, examine witnesses and prepare a complaint. The court does not step in at this stage unless the Police or the prosecution asks it for a judicial order for the investigation. At the end, the prosecution decides whether the case moves to the judicial stage.

2. 2

   Step 2: Find out whether it is a felony or a misdemeanour

   The main difference is the penalty or security measure imposed. The other is the calendar. For misdemeanours the stages are: preliminary investigation; probable-cause determination for arrest or summons; pre-trial motions and proceedings; trial; sentencing; and appeal. For felonies two more are added: the preliminary hearing or probable-cause determination to indict, and the arraignment. Knowing which one you are in is what makes any other information usable.

3. 3

   Step 3: Stay silent and ask for a lawyer

   No one is obliged to incriminate themselves through their own testimony, and their silence can never be read against them. A person under police investigation has the right to remain silent and to ask for a lawyer. That right exists from the investigative stage, not from trial. Without the means to pay, the State must provide free legal representation; the Judiciary clarifies that does not mean you can choose your preferred lawyer. There are private-practice attorneys, entities providing free services to those who qualify — such as the Legal Aid Society — and court-appointed counsel.

4. 4

   Step 4: Bail is not a punishment

   Anyone arrested for the alleged commission of a crime has the constitutional right to have bail set so they remain free until trial and a guilty verdict. It follows from the presumption of innocence: bail guarantees the person will appear in court whenever summoned and comply with its orders. It has nothing to do with guilt, and it is not a punishment.

5. 5

   Step 5: Decide whether you want a jury trial

   Anyone accused of a felony, or of a misdemeanour carrying more than six months, has the right to be tried by a jury of twelve people residing in the municipalities of the judicial region where the trial will be held. When setting the trial date the judge must ask the accused whether the trial will be before a jury or whether they waive that right, in which case a judge tries them. In a jury trial, the jury decides whether the facts are proven and the judge resolves questions of law.

6. 6

   Step 6: Rights inside the courtroom

   You have the right to a public trial, with oral testimony in open session, though it is not absolute: the court may restrict public access where a compelling interest exists, for instance when an undercover officer or informant testifies. You have the right to be present at every stage unless you waive it; if you miss one and the judge finds your absence voluntary, proceedings can continue without you, except the arraignment. You have the right to confront the prosecution’s witnesses, and to have the judge compel the appearance of witnesses who will testify for you or present evidence in your defence.

7. 7

   Step 7: If you have been detained six months awaiting trial

   A constitutional protection provides that preventive detention before trial shall not exceed six months, and that term starts running after the court determines probable cause for arrest. If you could not post bail, you remain in preventive detention while you wait. After 180 days, the accused can ask to be released while the case proceeds, through habeas corpus. The judge granting it does not make the case go away: the person is free until the judicial process against them takes place.

A criminal trial is generally held where the crime was committed, before the Court of First Instance. Free legal representation for those who cannot pay is provided by the State, whether through entities such as the Legal Aid Society or by court-appointed counsel.

• Talking to the Police without a lawyer, thinking clearing things up helps: you have the right to remain silent from the investigative stage and your silence cannot be used against you.
• Not asking for a lawyer because you cannot pay: without means, the State must provide free legal representation.
• Expecting to pick your appointed counsel: the right is to have representation, not to choose who.
• Confusing felony stages with misdemeanour stages: felonies add the preliminary hearing and the arraignment.
• Missing a stage of the process: if the judge finds the absence voluntary, proceedings can continue without you, except the arraignment.
• Believing the case collapses after six months of preventive detention: habeas corpus gets you out of jail, it does not remove the trial.
• Assuming a speedy-trial breach dismisses the case automatically: the judge weighs each request.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary — Jury (Criminal cases)

  Poder Judicial

  poderjudicial.pr