Our criminal justice system can be overwhelming and confusing at best. The incarceration rate in the United States is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police.

What Happens when You have Been Charged with a Crime?
Criminal charges fall into two major categories: The more serious offenses are called Felony offenses, and the less severe offenses are called Misdemeanor offenses. Any crime that could result in a year or more in prison is a felony. Misdemeanor offenses carry a sentence of less than a year in jail. Disorderly Persons offenses are all misdemeanor offenses. Many crimes can be charged either as a felony or a misdemeanor, depending on the seriousness of the circumstances of the offense. It is possible to receive probation for some felony offenses and court supervision is allowed for some lower level felonies, and many misdemeanor offenses for first time offenders.

Investigation: The initial investigation is a defenseless position. The state of government, along with police, detectives, investigators, witnesses, prosecutors, agents and others will prepare evidence against you. Once they have enough evidence to proceed, they can ask a judge to sign an arrest warrant for a suspect. Depending on the seriousness of the charges, the Prosecutor will present the evidence to a grand jury to hear and examine the evidence. If the impartial Grand Jury decides that there is Probable Cause to believe that the person committed the crime and it is sufficient to proceed with a case against you, they will return a bill of indictment against you. Once you are indicted, you will most likely be arrested and help pending a Bail Hearing.
A grand jury is used to charge more serious offenses. The prosecutor presents witnesses and documentary evidence for the grand jury to consider. A bill of indictment is entered if there is probable cause to believe that a person committed a crime.

Arrest and Bail: After being arrested, a suspect will go before a judge or magistrate, who will either set bail or decline to set any bail. Bail is what the Court considers a sufficient amount of money or other collateral to insure your return to the court to face the charges against you. If you cannot post or pay the bail amount, you will not be released from custody and will remain in jail until the trial. The amount of bail depends on a number of factors including the severity of the crime the suspect is accused of, the defendants ties to their community, stability of family and employment, the strength of the prosecution’s case, whether the accused has a criminal history and whether the suspect is a flight risk. If the accused person shows up for the court dates, the bail money is returned to the person who posted or paid the bail. If the Defendant himself paid the bail himself, the funds may be held by the court and applied to any fines or assessments if they are found guilty. If the defendant fails to show up for the court hearings, the court will keep the money or collateral and issue an warrant for the defendants arrest.

Arraignment: During the arraignment, the defendant will be formally charged with the case a and/or presented with the Indictment. During this hearing, the judge informs the accused of the criminal charges against him or her, asks the accused whether he or she has an attorney or wants a court-appointed attorney. The charges must be presented to the Defendant in writing. Additionally, it will clearly state the name of the offense(s) , state the statutory provision alleged to be violated by number, state the date and county of the offense, and state the name of the accused. In addition, the nature and elements of the offense must clearly be set forth in writing.
The Court will ask the defendant to enter a plea or either plead guilty or not guilty to the charges. Additionally, the court may modify the initial amount of bail, hear certain defense or prosecutorial motions, hear a plea bargain, and/or set a schedule for future court dates and filing dates.

Preliminary Hearing: For certain jurisdictions, a judge or magistrate will hold a preliminary hearing during which the prosecution must show that there is enough evidence supporting the charges against the defendant so that the case can proceed. This is an adversarial proceeding and the defense has the right to cross-examine the prosecution’s witnesses. It is also sometimes called a “preliminary examination” or “probable cause hearing.”

Plea Bargaining: Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant’s guilty plea, often to a lesser offense. A seasoned criminal defense attorney can be a real advantage to a criminal defendant throughout the plea-bargaining process.

Pre-Trail Motions: The filing or arguing a motion is the method the Defense attorney as well as the prosecutor ask the court to make Preliminary decisions on all issues. An example of some Motions are a Motion to Suppress Evidence, Motion to Quash a Subpoena, Motion to Bifurcate or Separate Defendants in a trial (to allow co-defendants separate trials), Motion to limit the introduction of certain testimony or evidence, or a motion to sequester witnesses, Motion to suppress evidence based on illegal search and seizure can be presented, as well as a motion as to fitness of the defendant to stand trial. While there are many other that may be applicable to your situation, an experienced attorney should know how to prepare your case for trial.

Trial and Sentencing: At trial, the prosecutor and defense attorney will give opening and closing statements, introduce evidence and question witnesses. If a defendant is found guilty, the court will impose a sentence, which may include incarceration, fines, court costs, restitution and probation. For minor crimes, the sentence may be issued right away. For more serious crimes, the prosecution and defense will submit evidence and arguments about what the appropriate sentence should be. In some states, a judge will decide the sentence. In other states, sentencing is a completely separate from the trial, with a different jury determining the sentence. During this separate sentencing phase, the prosecution will present aggravating factors to argue for a harsher sentence and the defense will present mitigating factors in favor of a lesser sentence. Additionally, before the sentence is rendered, the defendant has the right to allocution, which is when the defendant can address the judge or possibly the jury directly.

There are many sentencing alternatives that the defense will present for the court to consider. Therefore, it is imperative that the accused have a skilled, creative, and experienced attorney to represent him during trial and at sentencing. Arguments for a reduced sentence or alternative sentencing is as important as any other stage of the criminal proceedings. A skilled attorney can help you petition the courts for probation, house arrest, or community service rather than jail-time. Judges and juries usually consider the severity of the offense and your criminal record when considering sentencing options. An attorney will help you tell your side of the story in court so that you can achieve the best possible outcome based on your case.