CRIMINAL PROCESS
Once Federal or State crimes have been committed, reported, investigated, and an arrest has been made, there are several criminal procedures
The following is a list of these procedures.
- 1) The Arrest: Using probable cause that an individual has committed a criminal offense, a law enforcement agent or agency makes an arrest
- 2) Filing a Complaint: Reports and evidence are provided to the prosecuting attorney, who then decides if charges will be filed.
- 3) Booking: The administrative procedure that includes recording the personal information (name, address, telephone number, photograph, and fingerprints of the defendant
- 4) Arraignment / First Appearance: A procedure that includes the defendant appearing before a judge and entering a plea of guilty or not guilty after being advised of the charges brought against them and their constitutional rights. If a plea of “not guilty” a trial date is set.
- 5) Bail: The amount of bail is determined by the judge during the arraignment. Usually after a date for trial is set. Typically, a judge decides the amount of bail on the defendant’s flight risk and whether or not they pose a threat to their community (severity of the crime committed is kept in mind). Bail is used as an insurance policy to confirm an appearance in court. Defendants are either released on their own recognizance with no dollar figure or up into the millions. Bail will be revoked if the defendant does not show up at the next hearing.
- 6) Preliminary Hearing: These hearings are held to determine if there is enough sufficient evidence for a defendant to go to trial. In all felony offences, this hearing is held to review probable cause. During a preliminary hearing the district attorney or the judge can add additional charges and change bail requirements. Once the prosecution presents enough evidence to convince the judge that the defendant committed the crime, the case is sent to the Superior Court for trial.
- 7) Superior Court Arraignment: A procedure that includes the defendant appearing before a judge and entering a plea of guilty or not guilty after being advised of the Information, and their constitutional rights. If a plea of “not guilty” a trial date is set.
- 8) Pre-Trial Meeting between the Defense Attorney & Prosecuting Attorney: During this meeting the defense attorney and prosecuting attorney discuss the case. This is the time that a defense attorney typically provides information to the prosecution to prove your innocence. Offers of dismissal or lesser charges for the crime are offered to the defendant. Often times a plea bargain or deal is worked out on behalf of the defendant to prevent the case from going to trial.
- 9) Trial: If a jury trial is set both the defense attorney and the prosecuting attorney have the opportunity to present opening statements, presentation of evidence and witnesses in favor of their case, cross-examination of witnesses, and closing arguments. During the deliberation process the jury decides if the prosecution has met the burden of proof on a guilty beyond a reasonable doubt. If the jury finds in favor of the defendant with a not guilty verdict then your is not further prosecution of the offense. If the jury finds in favor of the prosecution with a guilty verdict then the defendant is scheduled for sentencing.
- 10) Sentencing: If a defendant is found guilty then they are sentenced for their crime. The sentence refers to the punishment given for their crime. A defendant could be sentenced to a fine, probation, or a term in state or federal prison. The defendant is entitled to a sentencing hearing to state on their behalf why they deserve the lowest possible punishment.
- 11) Appeals & Writs: When a defendant is found guilty and convicted of a crime, they have the right to appeal the conviction. There are many reasons why a defendant appeals. One of the most common is that criminal procedure was not followed correctly during their first trial.
- 12) Parole: Parole represents a conditional release from prison before their remaining time is served. Convicted felons are paroled for many reasons like good behavior. Parole is not a get out of jail card. Usually, there are strict rules parolees much follow while under supervision of the department of corrections.
- 13) Expungement: In some cases convictions may be removed from your permanent record.
If you have been arrested and need a strong defense to prevent jail time, contact us today for a free consultation and complete review of your case.