ARREST:
Arrests are usually made after a crime is committed or reported and
an investigation is conducted. This may all occur in rapid sequence
if a crime is committed in the presence of a law enforcement
officer. That is not to
say that everyone who is arrested is guilty.
Arrests are sometimes based on false, erroneous or
exaggerated charges. If you are arrested, you have the right to
remain silent and say nothing. Anything you say can and will be used
against you. You have the right to have an attorney and to have your
attorney present before or at anytime during questioning by the
police. After being arrested, before saying anything to anyone, you
should talk to an attorney. It is not wise to try to talk your way
out of an arrest or try to bargain with the police, unless you have
the advice of an attorney. If
you are arrested, immediately
seek the advice of an attorney. If you can not afford to hire your
own attorney, you are entitled to the services of the public
defender. When you are arrested you have very important
constitutional rights. Your
constitutional rights are not meaningless legal technicalities;
rather, your constitutional rights are sacred individual rights and
liberties secured and protected by the highest law of our land: The
United States Constitution. If
arrested, be sure you exercise your constitutional rights.
Most importantly, exercise your right to remain silent and
exercise your right to an attorney.
BOOKING:
Booking is part of the arrest procedure where the nature of the
nature of the charge and the initial bond is recorded.
Also, the defendant’s name, address, telephone,
fingerprints, photograph, date of birth, and other identification
information are recorded.
FIRST
APPEARANCE: If you are
booked into jail and are not released within 24 hours, you must
appear before a judge at a criminal court proceeding called First
Appearance. You
should have an attorney at first appearance, if you can afford one.
If you can not afford an attorney, the court will appoint a
public defender to represent you. At the first appearance, the judge will inform you of the
charges against you and your rights.
Again, it would be unwise to make any statements about the
charges against you, unless you have the advice of an attorney.
The judge will review the criminal complaints and police
reports in your case, to determine if there is probable cause to
hold you on the charges. If
the judge finds no probable cause, you may be
released. If the judge
finds probable cause you will be held on the charges. However, the judge will further consider what bond
is appropriate in your case. If
you have strong ties to the community (own your home, have a
business, local employment, local family, and other “roots in the
community”) you may be released on your own recognizance (RORed).
This means that you do not have to pay money to get out of
jail, but you do have to promise to appear in court when ordered to
do so. The judge may also set, lower or raise any bail in your case.
If you have bail set in your case, you can either pay cash to
the jail in the entire amount, or you can go to a bondsman and pay a
10% bond premium and be released.
The 10% premium is like an insurance premium paid to the
bondsman and is not refunded to you at the end of the case.
Also, most bonding companies require collateral (valuable
property) to cover the balance of the bail.
However, if you pay the cash bond to the jail, you will be
refunded the entire amount at the end of the case, if you appear in
court when directed to do so.
DEFERMENTS:
In many cases, a criminal defense lawyer may be able to get a criminal
case diverted out of the criminal courts, by arranging for the
defendant to enter into a pre-trial intervention agreement (PTI), or a
deferred prosecution agreement (DPA) or some other type of agreement
with the State to defer prosecution of the case.
In such cases the defendant must agree to certain conditions of
deferment. Normally, upon
the defendant satisfying all of the conditions of the deferment
agreement, the State drops the criminal charges.
Such cases usually involve less serious felonies and
misdemeanors. To take advantage of the possibility of having a
criminal case diverted out of court, it is very important for the
defendant to consult with an attorney as soon as possible after
arrest, and well before the case is set for arraignment.
ARRAIGNMENT:
An arraignment is a criminal court proceeding where defendants are
advised of the formal, written charges in the case.
At the arraignment, the defendant may enter a plea of not
guilty, a plea of guilty or a plea of nolo contendere (no
contest). The
defendant should have the advice of an attorney, before entering any
plea. It is important for defendants to consult with their attorneys
well before the arraignment. Often
the attorney can negotiate a prosecution deferment or a plea bargain
before arraignment and before formal charges are actually filed. It
can be much more difficult to negotiate a resolution of a case after
arraignment, because at that stage the State has made a formal
commitment to prosecute the case The formal, written charges may be presented by a grand
jury, a prosecutor or a police officer. The formal charges may be more
serious, less serious or identical to the arrest charges.
This is so, because in most cases after an arrest is made, a
prosecutor reviews the police reports and other evidence and then
decides what exact formal charges to file in court.
PRETRIAL
PROCEEDINGS: Many things
happen after arraignment. Most
importantly, State evidence is examined and evaluated. State witnesses
are interviewed. Also, in most cases the defendant must provide the State with
information about defense witnesses and evidence. In appropriated cases, pre-trial motions are filed and
hearings are conducted.
TRIAL:
Typically the trial process begins with jury selection.
After a jury is selected, opening statements are given,
witnesses are examined, evidence is presented, closing arguments are
given, jury instructions are given, and jury deliberations begins.
After deliberating the jury delivers its verdict, which may be guilty
or not guilty. If the
jury can not agree on a verdict, then a mistrial is declared. If the defendant is found guilty he may ask for a new trial
and/or file an appeal.
SENTENCING:
If
a defendant is found guilty or pleads guilty
usually a hearing is set to determine an appropriate sentence.
Prior to the sentencing hearing, the department of corrections
may conduct a pre-sentence investigation to submit to the judge before
sentencing. It is very
important for a defendant to present as much mitigating evidence as
reasonably possible to the court prior to the hearing (through the
pre-sentence investigation) and at the time of the sentencing hearing
through testimony and evidence. Sentences are often negotiated through and stipulated to as a
part of plea bargaining. If
a sentence is agreed to prior to entering a negotiated plea of guilty
or no contest, then the defendant may be sentenced without the need
for a special sentencing hearing.
A sentence may include fines, probation, house arrest jail,
prison or any combination of those things. |
