The criminal justice system can be overwhelming, especially if you are unaware of the steps that occur from your arrest to trial and sentencing. From the legal terminology to the formal steps in the process, your criminal defense attorney can help you understand the proceedings and what it may mean for your future.
How your criminal case proceeds in court will be determined by many factors, including the charges’ seriousness, your plea, and the court’s schedule. There are, however, some basic steps that are followed that will help you understand what may happen next, thus alleviating some of the anxiety of anticipation.
Arrest
Criminal cases typically begin with an individual’s arrest during an investigation of a crime. The arrest could occur during a traffic stop, domestic dispute, or other instance, or an arrest warrant may be issued at some point during the investigation.
During the arrest, a defendant will be read their Miranda Rights which include the right to stay silent and the right to a lawyer even if they can not afford one.
Arraignment
The next step in a criminal proceeding includes the arraignment. During this phase of the process, a judge or a magistrate judge will read the charges against the defendant, remind the individual of their rights and determine if they will need a court-appointed attorney or if they will find one of their own.
During the arraignment, a defendant will make an oral plea, either themselves or through their legal counsel, to whether they will plead guilty, not guilty, or nolo contendere (no contest) to the charges.
It is during the arraignment that the judge will determine if bail will be required or if the defendant will be released on their own recognizance. If bail is required, an amount will be set by the judge. Instructions on how to pay that amount or how to use a bail bondsman will be given. Additionally, the last part of the arraignment includes setting the next court dates or pre-trial dates.
Pre-Trial Phase & Court Dates
During this phase of the criminal process, both the defense and the prosecution collect evidence and develop their cases. It is also during this stage that a pre-trial conference occurs which is when a possible plea deal may be struck or motions are filed with the court to suppress or throw out evidence. It is at this point when the defendant, prosecutor and defense attorney will determine if the case will go to trial or the defendant will plead guilty.
Trial
If no agreement is made between the two sides the case will head to court where there may be a judge or jury. Both sides will present their case and the jury or judge will be left to decide guilt.
Sentencing
Should the jury determine that the defendant is guilty of the charges, a sentencing date will be determined by the judge. During this part of the process, the court will determine the consequences of the guilty verdict including jail time, fines, and/or community service.
While every criminal case is unique, most proceedings happen in this format with the amount of time this takes depending on the schedule of the court. Talk to one of our team at the Law Offices of Patrick Conway to understand how your criminal case will proceed.