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What Are the Stages & Steps of Criminal Case During & After Arrest

March 21, 2024 Uncategorized
What Are the Stages & Steps of Criminal Case During & After Arrest
The first step of a criminal case is usually when you are arrested for committing an act that is against the law. An officer will read your rights so that you understand what you should do and what you don’t have to do until you meet with your attorney. The next step in the process is being taken to the local jail so that you can go before a judge or the magistrate. You’ll be given more information about why you were arrested and what your bond amount is so that you can make a decision as to whether or not you want to try to find someone who can bail you out of jail until your court date. During the booking process, an officer will take your picture. Your fingerprints will also be entered into a computer system. Most of the time, the officer will run a background check to get more information about your criminal history and to see if you have any outstanding warrants.

Once the booking process is over, you can make a phone call to get started on finding an attorney who can help with your case or finding someone who can work to meet with a bail bondsman to try to secure your release from jail. Keep in mind that there are some crimes that aren’t eligible for a bond, such as murder. The first appearance in court after you’re arrested is usually the arraignment. You’ll be given more details about your charges and what you could expect regarding a possible sentence if you are convicted of your charges. This is the time when you can ask for a court-appointed attorney if you’re unable to afford one and to offer a few details about why you committed the crime or why you’re not responsible.

When you meet with your attorney, you’ll discuss the evidence that will be presented against you by the prosecution. If there is enough evidence for a conviction, then your attorney might suggest making a plea deal instead of going to court. This would mean that you’re accepting the decision made by the judge. Sometimes, a plea bargain could mean not spending time in jail and only being sentenced to complete a term of probation. If you are sentenced to jail, then a plea deal could result in a shorter length of time that you would need to serve.

During the pre-trial motions, you can talk with your attorney about any evidence that should be excluded from the case and any details that should be shown to the court that would put you in the best light possible in front of the prosecution. If there is a ruling during the pre-trial, then it could result in you being able to file an appeal at a later time, especially if all of the evidence isn’t included in the motions that are delivered.

If you know that you did not commit the crime that you were arrested for, then you can fight with your attorney in court during the criminal proceedings. Your attorney can call witnesses to testify on your behalf and introduce evidence that might not have been seen during the pre-trial motions. After each party has presented the evidence they have, it’s time for the judge or the jury to make a decision as to whether you will be convicted of the charges. If you’re convicted, then the judge will issue a sentence. This could take place in a separate hearing in order to give your attorney enough time to file an appeal or put together enough information to show that you are not a flight risk or that you are willing to take additional steps aside from going to jail to rectify the situation. After the final sentence is ordered, you will be taken to jail, released due to not being convicted of the crime, or given instructions as to how to proceed with probation or classes that are ordered that pertain to your charges

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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