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If you are facing any kind of criminal charges, an experienced defense
attorney is absolutely essential to your defense. Some of the most
common steps in any criminal case are highlighted below. The exact
procedure will vary based upon several factors including the nature the
offense and whether or not the alleged crime is a misdemeanor or a felony.
Investigation and Arrest-The first stage in any criminal prosecution
starts with a police investigation and subsequent arrest. This is
usually conducted soon after a crime has been allegedly committed.
An arrest may happen at the time of the incident or it may happen at a
later date. If there is enough evidence to pursue criminal charges, the
police department will often formally seek to an
arrest warrant and the issuance of a formal complaint. If you are in
custody, the police department may release you after posting bond or they
may detain you for formal arraignment.
Arraignment-The arraignment is usually the first court appearance that
a defendant will have in any criminal case. This is the stage where
the defendant is informed of the charges and likely penalties.
It is the courts duty to advise the defendant of the nature of the charge
and of his or her procedural rights and to permit the defendant to claim
or waive those rights. At the arraignment, the charging document is
read (or the reading is waived), and conditions or amount of bail may be
set, amended, or continued.
Preliminary Examination-This is a judicial
proceeding in the district court to determine whether there is sufficient
evidence to continue proceedings leading to a circuit court trial. The
burden is on the prosecuting attorney to establish the existence of
probable cause to believe that a felony (that is, an offense that cannot
be tried in the district court) has been committed and that the defendant
committed it. A preliminary examination is not available in
misdemeanor cases.
Pre-Trial-This is the stage where the defendant (and his/her attorney)
meet with the prosecutor to discuss the possibility of resolution of the
case. Oftentimes this is the stage in the proceeding when a plea
agreement is reached between the defense attorney and the prosecutor.
Trial-If you are unable to reach a plea agreement, the case is
ultimately set for trial. This is the stage where a jury of your
peers will determine your guilt or innocence. Selecting the jurors
who will ultimately sit for the trial happens through a process called
voir dire.
Sentencing-If there is an ultimate conviction, this is the stage
where the court will set the penalties. Oftentimes a pre-sentence
report is completed by a probation officer to give some guidance to the
sentencing judge. If the defendant is convicted of a felony, there
are sentencing guidelines which generally prescribe the minimum and
maximum sentences that the court should follow. However, the court
can depart from the guidelines if there are substantial and compelling
reasons for doing so.
For more information on some of the most common crimes, please follow
the links below. You may always
contact us for a free evaluation of your case.
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