Plea bargains allow the case to be settled quickly, but this also means that the defendant gives up their right to a trial.
The legal system follows specific steps whether someone is charged with a serious felony or a misdemeanor. Victims, defendants, and the general public can all anticipate these actions if they are aware of them.
It can be tough to deal with criminal charges, but an experienced criminal defense attorney can defend the accused’s rights, offer legal advice, and provide a solid defense.
Each step of the case, from the investigation to the trial and sentence, is vital to the final outcome. They are discussed in detail below.
Step 1: Investigation
The first step in a criminal case is usually a police inquiry. Officers interview witnesses, collect evidence, and occasionally secure search warrants. The objective is to determine whether a crime has been committed and the identity of the potential offender.
If they find sufficient evidence, the police enforcement may either make an arrest or send the case to a prosecutor for further investigation.
Step 2: Arrest and Booking
The police have the authority to arrest the suspect if they have probable cause. Following the arrest, the person is brought to a police station to be booked, where they:
- Document personal information.
- Take photographs and fingerprints.
- Confiscate the suspect’s possessions.
Depending on the gravity of the claims, the accused may be detained or released on bail.
Step 3: Preliminary Hearing and Arraignment
The defendant is formally informed of the charges when they appear in court for the arraignment. Additionally, the judge:
- Informs the defendant of their legal rights.
- Asks for a plea (no contest, not guilty, or guilty).
- Decides whether to place the defendant in custody or sets bail.
Trial preparations begin if the defendant pleads not guilty.
Step 4: Discovery and Pre-Trial Motions
The prosecution and defense share evidence, such as witness statements, police records, and forensic results, during discovery. This procedure guarantees that both parties are ready for the trial.
Additionally, lawyers may submit pre-trial motions like:
- Motion to dismiss: This is when there is not enough proof.
- Motion to suppress evidence: This is in case the evidence was gathered unlawfully.
- Motion to change venue: This is if publicity could affect a fair trial.
A criminal defense lawyer could help by filing motions that are favorable to the defendant and contesting weak evidence.
Step 5: Plea Bargaining
Not all criminal cases require a trial. Instead, the defense and prosecution can arrange a plea bargain, whereby the defendant agrees to enter a guilty plea in exchange for a lower sentence or a lesser charge.
Plea bargains allow the case to be settled quickly, but this also means that the defendant gives up their right to a trial. Defendants should consult with an attorney to thoroughly weigh their options.
6. Trial
If the parties fail to reach a plea agreement, the case goes to trial. Trials may be held in front of a jury (jury trial) or a judge (bench trial). The procedure consists of:
- Jury selection: A jury is selected to guarantee a fair trial if required.
- Opening statements: The involved parties present their case summary.
- Evidence presentation: The defense and prosecution call witnesses and present evidence.
- Cross-examination: Both sides can ask the opposing party’s witnesses questions.
- Closing arguments: Attorneys present their claims before the jury or judge deliberate.
A jury trial requires a unanimous verdict to result in a conviction. If a defendant is deemed not guilty, they are acquitted.
7. Sentencing and Appeals
The judge decides the sentence if the offender is found guilty based on the following legal requirements and considerations:
- The nature and degree of the crime.
- The criminal history of the defendant.
- Any aggravating or mitigating factors.
If the defendant is convicted, they may file an appeal to a higher court requesting to examine the case for mistakes. An appeal may result in a new trial, a lower sentence, or even the dismissal of the case if it is successful.
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