1. Arrest
Arrest occurs when a person is taken into custody and is not free to leave. The key to an arrest is the exercise of police authority over a person and the voluntary or involuntary submission of that person to the arresting officer. An arrest usually results from one of the following three incidents:
- The police personally observe the commission of a crime
- The police have probable cause to arrest
- An arrest warrant has been issued based on good cause which was presented to a court. A person arrested may question the lawfulness of the arrest. If the arrest was not lawful, the charges will be dropped. It is best to make that argument in court and not at the scene of the arrest.
2. Booking
The police will take the arrested individual into custody and do the following: take down all personal information, record the details of the alleged incident, do a record search for prior criminal activity, fingerprint, photograph, and search the suspect, confiscate personal property, place in holding cell or local jail. A judge can order a Remand and keep you in Jail until your trial date.
3. Bail
Every person arrested is entitled to be released on bail. The purpose of bail is to guarantee the attendance of the defendant at trial. The amount of bail is sometimes set by law depending on the particular conviction. Sometimes the bail is set based on the individual’s background and financial resources. The purpose of bail is not to raise money for the government and it is not to punish the defendant before he even has a hearing.
The 8th Amendment of the United States Constitution states bail cannot be excessive. Unfortunately, bail is often set higher than the defendant can afford to pay. A defendant can request a bail adjustment hearing to show the judge why the bail is excessive and the court always has the discretion to lower bail for good cause shown. It is important for a defendant to have an attorney represent him in order to make the arguments for bail reduction to the court.
- If you need legal assistance with a Criminal Charge, click here for a Free Case Review with a Criminal Defense Lawyer near you. This website is for informational purposes only and should not be taken as legal advice.
4. Arraignment
This is the first appearance in court before a judge for the defendant. The purpose of the arraignment is to formally bring the charges before the court and make a record of the details of the charge. If the individual person fails to respond to law authorities in regards to the criminal charge and lawsuit proceedings, they may be accused of default judgment. This is preceded by a Pretrial Conference.
5. Plea Bargain
Most criminal cases are resolved through a plea bargain before the case ever goes to trial. Depending on the seriousness of the crime, and the strength of the evidence against a suspect, a suspect can admit to a crime and punishment which is less then he might get if he went to trial. In order to get the lesser charge though, he must plead guilty to it. Plea bargains are good for the court system because it lessens the time and expense needed to take a defendant to trial and it can help ease the strain on overcrowded prisons. It is important to have legal representation at this stage because a prosecutor is not allowed to bargain with a defendant who is not represented.
6. Preliminary Hearing
Soon after the arraignment, a hearing is held so the judge can hear arguments from both sides on whether there is enough evidence to possibly convict the suspect as part of the Pre Trial process. If there is not enough evidence, the charges will be dropped. Witnesses can be called to testify at this hearing and evidence is presented. The defense attorney has the opportunity to cross examine the witnesses and to question the evidence. Some states have a Grand Jury indictment rather than a preliminary hearing. At a grand jury hearing, citizens, rather than a judge, determine the sufficiency of evidence to move forward with the charge against the defendant.
7. Trial
An attorney will help the defendant and litigants decide if he is better off with a judge or a jury for his trial. Once that determination is made, the defendant appears at trial according to the instructions per the docket. The prosecution presents its evidence and witnesses and the defense has the opportunity to dispute and discredit the evidence and to offer witnesses or alibis in support of the defendant’s case. A Court Reporter keeps track of the details and progress of the trial.
8. Sentencing
Sometimes a judge will issue the sentence at the end of the trial as a final judgement. For more complicated or serious crimes, a judge may set a separate hearing date to set sentencing. In those cases, the judge may want to hear arguments from the prosecution, defense, and even the victims before making his decision on sentencing.
9. Appeal
The last step in any Criminal Conviction is an appeal. Not all cases are appealed. If there is proof that legal mistakes were made during any stage of the criminal proceedings, a convicted defendant may appeal the court’s decision to a higher court. An appeal is an expensive and time-consuming process and typically requires the expertise of a good criminal defense attorney. A convicted defendant must begin serving his sentence as soon as the court makes its determination and cannot wait until the appeal to begin his serving his sentence.
- If you need legal assistance with a Criminal Charge, click here for a Free Case Review with a Criminal Defense Lawyer near you. This website is for informational purposes only and should not be taken as legal advice.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
