Being involved in a criminal case can be overwhelming and stressful, especially if you are not fully sure of what to expect in terms of the process. If you are working with a reputable and experienced attorney, like criminal defense attorney Vikas Bajaj, then you will certainly know what to expect every step of the way. Regardless, we have taken the time to give you a brief overview of how criminal cases typically go. Keep in mind that your experience may vary, but the following is meant to give you a general idea about the process of a criminal case before you can get a full rundown from your attorney.
Arrest, Charges, and Booking
Before a criminal case begins, you must be arrested and charged for a crime. Once you are arrested, you will be booked, and your charges will be filed with the state. In some cases, you may not be arrested, but instead will receive a notice to appear in court. If you have been arrested, you will likely have a bond amount set.
First Appearance
After your charges are filed, you will have a first appearance where a judge will explain the charges that have been filed against you, set a bond reviewed and possible adjusted, and learn more about the restrictions to your bond. It is in your best interest to contact a defense attorney before your first appearance, but it is essential that you hire one before your arraignment with enough time for them to understand your case.
Arraignment
During your arraignment, you will be able to enter a plea. In most cases, your attorney will file a not-guilty plea in order to get more time to build your defense case. You may be able to submit your plea in writing, but make sure that you are absolutely clear on whether or not you are required to make a court appearance.
Formal Charges
If a prosecutor wants to move forward with the case, they will file formal charges that state the exact nature of your case. If they do not file formal charges, then the case will be considered abandoned.
Preparing For Your Case
Once formal charges are filed, your attorney will begin the discovery process in order to understand all of the details of your case, gather information, and ultimately determine how they will approach your case. This is also an opportunity to settle the case early, where you may be able to reach an agreement with all involved parties.
Your attorney may make motions to suppress certain evidence, or request a pre-trial intervention in order to seek an alternate resolution for your case. These are common options for first-time drug or non-violent offenders.
Pretrial Hearing, Depositions, and Plea Deals
During the pretrial hearing, your attorney will speak with the prosecutors to get a better understanding of each side’s position on the case. This conversation will inform each side on how they should proceed and can result in a plea deal or requests for depositions where key witnesses are interviewed to prepare for a trial.
The Trial
If you, your attorney, and the prosecution are unable to reach an agreement before a full case, then you will go through a trial in order to have a judge and jury hear the entire story and make a determination on the proper outcome. Depending on the complexity of the case, the amount of evidence and witnesses, and a variety of other factors, the trial may take a very long time.
Ruling and Sentencing
At the end of the trial, the jury will make their determination of whether the defendant is guilty or not. If your case is a misdemeanor, you will likely receive the terms of your sentencing from the judge immediately. For more complicated or felony cases, you may need to return to court for a sentencing hearing where your final punishments are issued.
Appeal
You and your attorney may ultimately decide to appeal the ruling, but this is an additional complicated and stressful process that you and your lawyer will need to discuss in great detail before moving forward with this action.
