The Criminal Process: You’re charged with a crime, now what?
The Allegation and Investigation
The criminal process generally starts with the police. A potential case can come to the attention of the police in various ways, such as:
Traffic stop – You are stopped by the police for a suspected criminal or traffic violation, resulting in further inquiry and investigation.
Arrested at the scene – Police respond to a call and you are arrested at the scene of an alleged crime.
Police report – Someone makes a call to police to report an alleged crime. Law enforcement will usually conduct a follow-up investigation, talking to witnesses and gathering relevant evidence, before deciding to pursue charges.
Once the police have gathered the evidence, a charging decision is made. Retain an experienced criminal defense attorney to protect your rights and avoid charges.
The Charging Process
For lower level offenses (misdemeanors, petty misdemeanors), police can issue charges themselves – in the form of a citation or tab charge. For gross misdemeanors and felonies, the case must be submitted to the relevant prosecutor (city attorney or county attorney) for review and charging by complaint. A select few serious felonies – such as those carrying life in prison – must be indicted by a grand jury.
Once a charge is issued, you will being the criminal court process. At this point, you should seek advice from an experienced criminal attorney to ensure that your rights are protected and to ensure the best possible outcome in your case.
The Court Process
The criminal justice system is intimidating and high stakes. The court process involves complex legal issues, strict deadlines, plea negotiations with experienced prosecutors, and ultimately a trial to determine your fate. Consult with an experienced trial attorney to protect your rights.
First Appearance
The purpose of this hearing is to inform you of the charges and their rights, appoint counsel if necessary, and set bail and conditions of release. The court will offer to read the charges out loud in open court, but that can be (and usually is) waived.
If you demand a “speedy” process (most often when you are in custody), the Second Appearance/Arraignment will be scheduled within 14 days of the First Appearance.
Second Appearance / Arraignment
(gross misdemeanor and felony cases only)
The purpose of this hearing is to, again, inform you of your rights and hold an arraignment, where you are asked to enter a plea. Often, a plea of not guilty will be entered while your attorney continues to negotiate your case and prepare for a possible trial. This hearing is often combined with the First Appearance.
If you demand “speedy”, the Omnibus Hearing will be set within 28 days of the Second Appearance/Arraignment.
Omnibus Hearing
(gross misdemeanor and felony cases only)
The Omnibus Hearing is where the bulk of pretrial issues are handled. This is your opportunity to file motions:
Seeking to suppress evidence, and dismiss charges, based on constitutional violations,
Demanding additional information or discovery,
Giving notice of affirmative defenses, such as self-defense,
Arguing the admissibility of certain evidence, and
Any other procedural issues or “issues relating to a fair and expeditious trial.”
If further evidence is needed, an evidentiary may be held where witness testimony and exhibits will be presented to the court.
If you demand “speedy”, the Trial will be set within 60 days of the Omnibus Hearing.
Pretrial Conference
The purpose of a Pretrial Conference is to discuss the possibility of a plea agreement and finalize trial preparations. This is essentially one last chance to seek a resolution before going to trial.
Trial
The Trial is where the prosecution must prove your guilt beyond a reasonable doubt. You have the right to try your case to a jury or to the judge. The trial itself has the following stages:
Jury Selection (voir dire) – Only if you choose a jury trial
Opening Statements – Both sides give a preview of what they expect the evidence to show
Prosecution’s Case in Chief – The prosecution presents their witnesses and exhibits. Your attorney will then cross examine the prosecution’s witnesses, to shed light on information that was omitted by the prosecution and to question the credibility of the witnesses.
Defense’s Case in Chief – You have the opportunity to present evidence, including testifying in your own defense. You have no obligation to present evidence (i.e. your “right to remain silent”) and can choose to simply argue that the prosecution has failed to prove guilt beyond a reasonable doubt. The prosecution has the opportunity to cross-examine the defense’s witnesses.
Rebuttal – If appropriate, the parties can present additional evidence rebutting the other party’s evidence.
Closing Arguments – This is the part of trial where the attorneys argue their case to the judge/jury. The attorneys are limited to arguing the evidence that made it into the record through testimony and exhibits.
Jury Deliberations – After the jury has received all of the evidence, arguments of counsel, and instructions from the court, they will deliberate in secret until they reach a unanimous verdict of “guilty” or “not guilty” on each count.
Verdict – Once the jury has reached a verdict on each count, they will deliver that verdict to the court to be read aloud. If the jury is unable to reach a unanimous verdict on any count, that is called a “hung jury.” A hung jury results in a mistrial, meaning the case must be retried. There are often further plea negotiations at this point, before the case is retried.
Sentencing
The Sentencing hearing is where the judge decides on the outcome of your case. If you were convicted at trial or entered a “straight plea” (i.e. a plea with no agreement as to sentence), then the judge is free to issue any sentence allowed under the law. Most often there is a plea agreement that binds the judge as to some or all of the terms of the sentence. If there is a plea agreement, the judge must either abide by that agreement or reject it altogether.
There can be a vast range of possible sentences for your conviction. An experienced criminal attorney will make the right arguments to put you in the best light for the judge minimize the consequences of your conviction.
The Post-Conviction and Appeal Process
After sentencing, you have the right to challenge your conviction through a post-conviction petition or appeal. There are strict deadlines and limited legal bases to challenge your conviction, so it is critical to seek advice from an experienced appellate attorney if you are seeking post-conviction or appellate relief.
