To someone who is new to the system, court processes can seem like a maze without an exit. Do not let the system overwhelm you. Make sure you understand what is happening, and make sure your criminal defense attorney keeps you informed. The basic elements of court process you should understand if charged with a crime include:
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Arraignment. After you are charged with a serious crime like White Collar Crimes, Drug Offense, Violent Offense, Theft Offense, Sex Offense, or other crime, you will be required to go before a judge for your arraignment. The arraignment is the first formal court appearance and is where you will be advised of the charges and the potential penalties associated with the charges. During this proceeding, you should enter a plea of "not guilty" and request some time to consult with a criminal defense attorney.
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Discovery. After your arraignment, your criminal defense attorney will file a motion seeking a judge to enter a court order requiring the government to provide your attorney with copies of any and all police reports, statements from any alleged victims and witnesses, and any physical evidence that the government intends to use against you. In the event that the government fails or refuses to provide such evidence, your criminal defense attorney will be required to file a motion to compel the government to produce certain items to which you are entitled.
- Preliminary Hearing. The preliminary hearing is the stage at which your criminal defense attorney can require the government to provide a preview of the evidence that they intend to use against you. During this hearing your attorney may seek to cross examine the governments witnesses in order to determine any initial weakness in the government's case. This is an important hearing, and a crucial time to be aggressive and tactical.
- Plea Bargaining. Sometimes, the best outcome is a plea bargain. Plea bargaining involves pleading guilty to a charge in exchange for the prosecutor dropping a more serious charge. When a trial is the best option, the Law Office of Charles W. Lane, IV is ready to fight. But sometimes, the most realistic thing to do is plea bargain.
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Pre-Trial Motion. When a case does not plead out, the process moves to trial. Before the trial happens, an aggressive criminal defense attorney makes several pre-trial motions to the court to attempt to exclude evidence.
- The Trial. The trial is the stage in the process everyone knows about. It is important to choose an attorney who has experience trying cases, so he or she can make the right tactical moves before the trial. At trial, that experience is even more important. Your criminal defense attorney must understand how to present your case and persuade a jury. This is the essence of what a good criminal defense attorney does.
- Sentencing / Consequences. Sometimes, despite an attorney's best efforts, charges can result in convictions. Your attorney's job is not done, however. Your criminal defense attorney can aggressively argue for a sentence that is substantially lower than that for which the prosecution is asking. This can include a shorter jail term, a shorter probation, loss of fewer privileges such as driving, and a smaller fine.
- Appeals. Even after trial and sentencing, your attorney's job may not be done. If you lose at trial, you have the right to appeal. Appeals are not routinely successful. When they are successful, however, you may be entitled to a new trial, or you may be set free.
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Expungement. Finally, when all of your appeals are exhausted, and you have been released, you can think about getting your conviction expunged. There are specific and narrow grounds for expungement, and you should speak to criminal defense attorney Charles Lane at the Law Office of Charles W. Lane, IV to see if you qualify.
This is only a brief introduction to the process, and cannot cover all the bases. To navigate properly through the maze of criminal justice, Contact us today.
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