What to Expect in the Criminal Defense Case Process
Facing a criminal charge is a daunting experience. It can be filled with uncertainty, anxiety, and stress. That’s why understanding the criminal defense case process can provide much-needed clarity.
The steps involved in the court process for criminal defense will largely follow the same path, whether you’re accused of a misdemeanor or a felony. Let’s explore what to expect during a criminal defense case so you can feel prepared and make educated decisions.
Criminal Defense Case Process – Step One: Investigation and Arrest
The criminal defense case process typically begins long before you ever see a courtroom. It starts with a thorough investigation by law enforcement agencies, which can include gathering evidence, interviewing witnesses, and surveillance.
If the police believe they have enough evidence to support a case against you, they will either arrest you directly or request a warrant from a judge to do so. However, being arrested doesn’t automatically mean you’re guilty of a crime. It just means that law enforcement has a reason to believe you may have broken the law.
Following your arrest, you will be taken to the police station for booking, fingerprinting, and photographs. This can be a stressful time, but remember that you have the right to remain silent and request an attorney immediately.
Court Process for Criminal Defense – Step Two: Arraignment
The next step is arraignment, which is your first appearance in court, where the charges against you are formally read. You will also be informed of your rights and can enter a plea of guilty, not guilty, or no contest.
If you plead not guilty, the court process for criminal defense will move forward, and your attorney will begin working on your case. Bail may also be set, but the amount depends on various factors, including the severity of the crime and whether you are considered a flight risk.
Next Steps in the Criminal Defense Case Process
Following your arraignment is the discovery phase, during which the prosecution and defense exchange evidence and information that will be used in court. This is a critical part of the court process for criminal defense because it allows your legal team to assess the strength of the prosecution’s case against you and develop a comprehensive strategy.
Your attorney will review police reports, witness statements, and physical evidence and may also file pretrial motions to challenge the admissibility of evidence or to dismiss charges. For example, if evidence was obtained illegally, your attorney might file a motion to suppress it.
The court process for criminal defense at this stage is complex, requiring skilled negotiation and strategic planning. During this period, your attorney’s goal is to create the defense, whether that involves going to trial or negotiating a plea deal.
What You Should Know About Plea Bargaining in Criminal Defense Cases
A plea bargain is an agreement between you and the prosecution, where you agree to plead guilty to a lesser charge in exchange for a reduced sentence. There may be an opportunity to negotiate a plea bargain before your case goes to trial.
However, plea bargaining is not always the best option. Discuss the pros and cons with your attorney because the case will usually end once you accept the deal. If not, your case will proceed to trial.
Trials, Verdicts and Sentencing
Trials are where the court process for criminal defense becomes most intense. They can either be jury trials or bench trials, where the judge alone decides the outcome. Regardless of the process, both sides will present their cases, call witnesses, and submit evidence.
The prosecution must prove your guilt beyond a reasonable doubt. That means they have a high standard of proof that requires them to establish every element of the crime with substantial evidence. Your attorney can challenge the credibility of witnesses and present alternative theories to demonstrate that the prosecution has not met this burden of proof.
The jury will return with a guilty, not guilty, or hung jury verdict. If you are found guilty, the case moves to the sentencing phase. If not, you will be acquitted, and the case will be dismissed. In some instances, defendants may have a right to file an appeal.
Facts About Appeals
The criminal defense case process for appeals is different from the initial trial and focuses on whether legal errors were made during your trial that could have affected the outcome. Appeals must be filed within a specific time frame, and they are generally based on legal arguments rather than new evidence.
Your attorney will draft a brief arguing that the trial court made errors that justify reversing the conviction or reducing the sentence. Meanwhile, the appeals court may affirm the original decision, reverse it, or send the case back to a lower court for further proceedings. Ask the legal experts at Lamb & Turner for more information.
Conclusion
Understanding the criminal defense case process can demystify the journey. At Lamb & Turner, we are committed to guiding you through this process with the expertise and dedication needed to achieve the best possible outcome. Contact us today to schedule a consultation.