- Do you know how can get a case dismissed if you have been charged with a criminal lawsuit?
- Are you aware of what happens during a Preliminary Trial Hearing and how you should prepare for it?
- Have you understood how the Jury is selected in a Criminal Defense hearing and what role you have in it?
A lot of people have false opinions and perceptions about how a criminal defense lawsuit works. They feel that after the arrest is made, the case goes to trial and sentencing. Movies and television shows are to be blamed for giving this false sense of judicial workings.
Understanding the various steps and stages of a criminal defense lawsuit is something everyone should be familiar with. In the event, if you or someone you know is charged with a criminal offense, you would be better prepared to understand how everything works.
This ensures you are not blindsided when it comes to important steps like selecting the Jury or working with your defense counsel to strike a plea bargain. In this article, we look at the 8 major steps that are involved in a Criminal Defense Trial.
List of 8 Steps Involved in a Criminal Defense Trial
Step 1- Investigation of the Criminal Charge
As the term suggests, this is the initial stage of any criminal charge and lawsuit. In this step, the police and law enforcement agencies will get the necessary documents to show you probable cause for arrest.In this step, the experts at https://cobblawfirm.com/pensacola-beach/, states that law enforcement agencies and police will get the necessary documents to show probable cause for arrest.This can be in the form of a search warrant, an interrogation letter, or even attaching your property. This is the first step and you should not wait to get in touch with an attorney before you are arrested. Do not make the mistake of waiting till after arrest.
Step 2- The Process of Arrest by the Police and Law Enforcement
The second step after showing probable cause is the arrest itself. In this step, the police are going to ask you to come with them to the local police station or any other enforcement office depending upon the nature of the case. Once you arrive there, they will take your fingerprints and photographs and announce the charges that have been made against you. You are well within your rights to not talk to them and request for your attorney to be present.
Step 3- Initial Court Appearance including Arraignment and Bail
As a rule, the police need to produce you in front of a Judge within 24 hours in a courtroom. This is the first time you will be produced in court. The judge will read out the details of the case, state why you have been arrested, and what are the charges that are being leveled against you. They will also ask you whether you plead guilty or not. This is also the stage where your defense counsel will push for bail so that you can stay outside the prison until the case is heard.
Step 4- Pretrial Proceedings and Plea Bargains
A pretrial proceeding is a meeting between the defendant and the public prosecutor outlining the merits of the case and the charges. At this stage, if the charges against you are substantive, your lawyer can push for a plea bargain with reduced sentencing. A lot of factors including your past track record, crimes against your name, and your overall standing in society are taken into consideration. If data is to be believed, 90% of all criminal cases end at this stage.
Step 5- Trial, Jury Selection, and Commencement of Court Proceedings
If you have not been successful in striking a plea bargain, the case will move to trial. According to lawrenceville lawyers serving gwinnett county, at this stage, the judge reviews the case and asks for the setting up of the jury. All three parties- judge, public prosecutor, and criminal defendant have a say in jury selection. Once the jury is set up, both the sides present their arguments, examine evidence and call on witnesses to support their claims.
Step 6- Verdict Passing by the Jury, Hung Trial or Mistrial
The Judges and Jury Members examine all the evidence that is presented by the prosecutor and the defendant. After all the proceedings are over, the judges and jury members can set aside a time to deliberate and come to a conclusion on whether the individual is guilty or not guilty. In some instances, jury members are divided leading to a spilt. This leads to a phenomenon called hung jury and trial. The prosecutor can request for a retrial. However, the individual can walk free from a hung jury. If the verdict is guilty, the case moves on to the next step.
Step 7- Sentencing of the Guilty and Announcement of the Punishment
Once the Jury has pronounced someone as guilty, the judge needs to announce the quantum of punishment. This is done taking a lot of things into consideration. For example, a judge looks at whether the individual is a first-time offender or a repeat one. They also look at whether the guilty is remorseful of having committed the crime or not. at the end of the day, a judge needs to follow the sentencing guidelines as have been set forth by the state and federal governments.
Step 8- Appealing the Sentence and Punishment to a Higher Court
If an individual is not satisfied with the proceedings of the court and the kind of punishment or sentencing, then they are well within their rights to file an appeal against the judgment to a higher court. The higher court will examine the details of the case, look at the punishment and evaluate whether the case needs to be heard or not. If they admit, then appellate jurisdiction comes into effect. This is something that is not common in criminal defense circuits.
The Bottom Line
A lot depends on the kind of criminal defense lawyer that is representing your case. Great criminal defense attorneys are able to push for plea bargains by striking up years of relationships with prosecutors. They exactly know what will be in the client’s best interests and try to negotiate a case accordingly.
If you want a successful outcome for your criminal case, you need to ensure that you are hiring the best criminal defense attorneys that you can find. If you would like us to shed any more information on criminal defense cases, or need clarification on any of the steps, please do not hesitate to get in touch in the comments section below.
