Navigating the Criminal Justice Process: Your Step-by-Step Guide
Facing a criminal charge can be overwhelming, but understanding each step of the process can help you feel more in control. Here's a detailed guide to the key stages of a criminal case, ensuring you know what to expect and how to prepare:
The arraignment is often the first court appearance in a criminal case, and must be held “as quickly as possible” following arrest. Arraignments are held quickly after an arrest as a protection for defendants. Police and prosecutors must have valid evidence gathered, and cannot hold you indefinitely while deciding how to proceed in court. The main points at an Arraignment are as follows: · The defendant is provided with a written accusation of the charges against him or her, · The defendant responds to the charges, by pleading guilty, not guilty, or no contest · The judge decides on any bail issues, · The judge sets a tentative schedule for upcoming court dates, including the pretrial conference, preliminary hearing, hearing on pretrial motions, and the trial itself.
Shortly after charges have officially been filed, preliminary hearings are held. Their purpose is simple: the judge decides whether there is probable cause to hold a trial on the charges against the defendant. The prosecutor calls witnesses and presents evidence to support their argument that a trial is necessary, and the defense can choose to cross-examine these witnesses and argue a lack of evidence. Often, the preliminary hearing is used to get more information and find out details of the prosecution evidence. “Prelims” are a lot like trials, there is no jury, and the prosecution only has to prove that a trial is necessary, not that the defendant is guilty of the accusations. Several outcomes are possible. The judge can rule that the defendant should stand trial for the original charges, he or she can reduce the charges to a less serious offense or, less commonly, the judge can dismiss the case. Dismissals are rare mainly because the prosecutor only has to prove that probable cause exists, that their charges are worth investigating at trial. Also, we are likely to save their strongest arguments for trial, since we know it is unlikely the case will be dismissed at the preliminary hearing.
We are working on preparing your mitigation arguments, and we need your help to do so. Mitigation packages contain letters from family members and/or other well-regarded community leaders that discuss that you are a good person whom simply made a mistake. Any documentation/information you can provide us that establishes your good character is very helpful in this regard.
Always before a trial, the prosecutor, defense attorney and judge meet and discuss a possible plea bargain. In these negotiations, the two sides present their opinions about what would be a fair resolution in the case, taking into account the defendant's criminal history and the circumstances of the alleged crime. The prosecutor has control over which charges are filed against the defendant, and the judge decides the sentence. Often the charges set the range of possible sentences, and it is ultimately up to the judge to decide whether to choose a harsher or more lenient penalty. After negotiating a plea bargain, we will discuss the proposed pleas with you. It is completely up to you to accept or reject the plea bargain.
If we do not accept the pleas, your case will go to a jury trial. Here is what you can expect. First, a jury is selected. Next, the judge decides whether certain evidence will be allowed during the trial. Once that happens, each side makes an opening statement to the judge and jury. After opening statements, the prosecution calls witnesses to present its case. The defense has an opportunity to cross-examine the witnesses, and then the prosecution can ask them questions once more. After the prosecutor has presented all of his or her evidence they will “rest” their case. Once the prosecution has finished presenting their case, the defense may present their case. The defense may call and question witnesses and present evidence and the prosecution may cross-examine. After both sides present their case, the judge, prosecution and defense decide what legal instructions to give the jury, and then each side gives their closing arguments. The judge then explains to the jury how to fulfill its duties, and what laws apply to their decision before all twelve jurors leave the courtroom so that they may deliberate and come to a decision if they can do so.
As we mentioned in the pre-trial conference section, sentencing is a decision made by the judge, either following a guilty or no contest plea, or a guilty verdict at the end of a jury trial. The charges filed against a defendant can give a range for sentencing, but the judge makes the final decision. So, how does a judge decide the sentence? The circumstances surrounding the crime and arrest, or a defendant's history often affect a judge's decision. Because of this, we attempt to show that “mitigating circumstances” should sway the judge to sentence the defendant to a more lenient sentence. Some crimes have stricter, mandatory sentences automatically, but we do or best to lesson the sentence.
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