The Court Process

When charged with a crime people often do not know what to expect. Whether it is your first arrest or fourth, navigating through the criminal court system rarely becomes easier with practice. Below you will find a handy guide explaining the typical court process and what to expect from each step. Of course, in order to get an individualized explanation of your rights and charges, please contact Bradley Johnson Attorneys today.

Arrest
An arrest can happen quite suddenly and without expectation. Perhaps the most important thing to remember when getting arrested involuntarily is that under no circumstances should you resist or attempt to flee the police; this will only result in more significant charges. During an arrest is not the time to make your case or insist upon your innocence. In fact at this point you should always simply invoke your right to remain silent. The arresting officer, if he is going to interrogate you, should specifically tell you that you have the right to remain silent when reading your Miranda rights; you might as well exercise that right (but do ask for your lawyer.) Whatever you say is only going to be held against you, at this point the officer has already made up his or her mind about the arrest and your guilt. You will have a chance to let your side of the story be heard, and hiring an experienced lawyer will exponentially increase your chances of appropriately getting your point across.

The key element to an arrest is a police officer exercising authority over a person. There are rules an officer must abide by to make a lawful arrest, which law enforcement does not always follow. An officer can make an arrest if they witness a person commit a crime, if there is a warrant out for the individual, or if they have probable cause, meaning that the totality of circumstances has led the officer to believe that a crime has taken place or is about to be committed. Probable cause gives law enforcement freedom to use their sound judgment in upholding the law. The scrutinization of the officer’s reasonable belief is often the basis for many unlawful arrest claims, as well as unlawful search and seizure and Miranda rights issues.

Booking
After the arrest you will be transported to the police station where you will be “booked.” At this point a police officer will record all of your personal information and take your fingerprints, photograph, and confiscate all personal items (keys, cell phone). The officer will furthermore search your criminal history and place you in a holding or jail cell, normally with many other suspects.

Sometimes for a minor charge you can be arrested, booked, and spend the night in holding. The next day you will stand before a judge, the result of which could be a dismissal, the filing of a criminal complaint, etc.

Unless the charge is very serious you can usually secure your release with bail. Bail is essentially a cash amount and a promise to appear in all future proceedings in exchange for your conditional release. If you are not allowed to post bail at the station after booking, which could happen for a number of reasons, a judge may later set a monetary figure based upon his assessment of the following:

• The seriousness of the crime with which you have been charged.
• Your criminal record and history.
• Your personal life, such as ties to the community, job, and family.
• The potential danger you may pose to the community if released.

It is also possible to secure an “own recognizance” release, meaning no money has to be paid to the court, you are simply released on a promise, in writing, to appear in all future court proceedings. Should you fail to show for any required appearance, a warrant will be issued, you will be subject to immediate arrest, and in effect lose any chance at a bail release from this point on.

Arraignment
After you go through the above initial steps you will face an arraignment, truly where the “legal” aspect of your case commences. A person, now the defendant, charged with a crime will officially stand before a judge who will run down several important questions. It is always advisable to speak with your counsel prior to any hearing and to have your attorney present at your arraignment. The judge will:

• Read the charges against you.
• Ask if you have retained an attorney, or need the court to appoint a public defender to represent you.
• Ask you how you want to plead to these criminal charges, “not guilty,” “guilty,” or “no contest.”
• Make a decision about your bail, whether or not to adjust the amount already decided upon or to release you on your own recognizance. Even if this was determined in an earlier proceeding, the judge will generally re-examine the issue during your arraignment.
• Let you know dates of future proceedings that you and your attorney must attend. These can include your preliminary hearing as well as any pre-trial motions, or even trial.

Any person charged with a crime and facing the possibility of jail time has a constitutional right to the support of an attorney. If the defendant is not able to afford an attorney, government-appointed counsel will be designated to aid the defendant at no cost. An option of last resort, it is not advisable to allow a public defender to represent you in your case. Although many are fine attorneys, these lawyers are generally overworked, underpaid, and cannot provide your case with the attention and aggressive representation that an experienced, private criminal defense attorney can.

Plea Bargains and Negotiations
After your arraignment is over and the issue of bail has been resolved, it is time to begin to find and work towards solutions in your criminal case. It is absolutely necessary to have a skilled lawyer representing you during this phase of the process. Every case is different and is inevitably complex in its details and how it applies to the specific law at hand, and only an experienced attorney can make sure that you receive the best “deal” possible, should you choose to avoid a time-consuming trial.

The vast majority of cases will end in a plea bargain before the case ever reaches trial. In a plea bargain the defendant will agree to plead guilty to a charge, normally lesser than the initial charge, in exchange for a lighter sentence or the dismissal of related charges. Of course the deal you are offered can vary from person to person and will predictably be more favorable with a skilled lawyer and negotiator at your side. The decision to take a deal or not is significant, and based on a variety of factors from both the defendant and prosecution’s side. In deciding to resolve the case through a plea bargain the severity of the alleged crime, prospects at trial and strength of evidence are normally taken into account. Due to the overstrained court system and crowded jails as a result of our litigious nature in the United States, plea bargains have become a necessity in lieu of lengthy, costly criminal trials.

In any charge the plea bargain can play out in a number of different ways, but generally there are three standard scenarios. In the first the prosecutor will offer to reduce the charge outright, allowing the defendant to plead to a lesser charge than the original. If there are multiple charges, the prosecutor may allow the defendant to plead guilty to one charge in exchange for the dismissal of another. Finally, in the event that the state’s case is strong and the evidence against the defendant is so overwhelming that a victory at trial is likely, the prosecutor may offer to allow the defendant to plead guilty to the original charge but for a lighter sentence than what would be faced in a guilty verdict at trial.

When plea negotiations with the prosecutor commence it is essential to have an experienced attorney in your corner. Although a standard element in any criminal charge, the negotiations can be quite complicated. Only a well-practiced, knowledgeable criminal defense attorney will provide the best strategy to support your interests in these critical moments.

Preliminary or Probable Cause Hearing
A preliminary hearing is an important step in the court process as a judge will officially decide whether or not the state has enough evidence to make the defendant stand trial. In making this decision the judge will invoke “probable cause” to determine if a rational jury would convict the defendant on the evidence that the prosecution has presented. If the judge concludes that the prosecution could successfully persuade a jury, the judge will allow the process to continue.

The judge will hear from both sides to make this decision. Arguments from the prosecutor and defendant’s attorney will be presented, and witnesses can be called and physical evidence can be presented. This hearing mirrors an actual trial in many respects, thus having a skilled attorney will greatly increase the chances of convincing a judge that the state will not be able to convict the defendant on the evidence as it stands. High-quality cross-examination and erudite knowledge of the facts and evidence could be enough to sway the judge into realizing that the state’s case is not strong enough, and that the defendant should be dismissed before trial.

Even though the defendant may have pleaded “not guilty,” it is important to note that a probable cause hearing is not necessarily held in every case. Some states only hold them for felony charges; other states still use a “grand jury.” In a grand jury proceeding a group of citizens decides whether or not the state has enough evidence to proceed in lieu of a single judge. Of course at any point the prosecutor and defense may reach a plea agreement, removing the need for a preliminary hearing or trial.

Pre-Trial Motions
Assuming that the trial has been set and an indictment issued, both sides are allowed to appear before a judge and make motions in an attempt to set parameters for the trial. These motions will mostly relate to evidence or witnesses, requesting permission or prohibition of certain evidence from being considered, seen, or heard by the jury. This step is crucial to the development of your case’s readiness for trial, and can significantly alter how your trial will play out.

There are countless possibilities for what a pre-trial motion could entail, the following are some examples:

• A request to exclude evidence, e.g., drugs, a weapon, due to an unlawful search and seizure, a violation of the Fourth Amendment of the Constitution.
• An argument to exclude a witness based on their mental state.
• The defense sets forth an argument for the exclusion of the defendant’s confession based upon improper police conduct, e.g., not properly informing the defendant of his or her Miranda rights, specifically the right to remain silent.

Pre-trial motions can truly shape the progression and makeup of a trial; trials can be won and lost in this stage. With proper representation you will give yourself a huge advantage during the pre-trial motions period, and significantly increase the possibility of winning your trial. You need a defense lawyer with a vast knowledge of the law and the rights of citizens to avoid the admission of questionable evidence that could damage your ability to win your case.

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