THE CRIMINAL PROCESS
Arraignment:
This is the first
appearance in a criminal case. It is at the arraignment where an
individual is formally charged with a crime. The issue of bail is
also addressed at the arraignment. The court, after hearing from
both attorneys will make a decision on setting bail. You may be
released on your written promise to appeal, ("O.R.") or you
may be required to post a certain amount of money. In the most
serious cases, you may be held without bail.
Pre-Trial:
This is usually the second
appearance in a criminal case. The pre-trial gives the attorneys
in the case an opportunity to discuss legal and factual issues amongst
themselves or, on occasion, with the judge. The pre-trial may
result in a negotiated plea-agreement wherein certain charges are
dismissed or a certain sentence is guaranteed in exchange for a guilty
plea. It is important to know that the decision on whether to
accept or reject a negotiated plea-agreement always belongs to the
accused. Neither the attorneys nor the judge can ever force an
individual to "plead guilty".
Preliminary Hearing:
The Preliminary
Hearing, or "Prelim" is held in every felony case. The
purpose of the "Prelim" is to give the judge an opportunity
to hear the evidence. After hearing the evidence, the judge
determines if there is "sufficient cause" to believe the
charges against the accused. If so, the judge "binds"
the accused over and the sends the case to the Superior Court.
If, however, the judge does NOT find that the sufficient cause exists,
the case will be dismissed against the accused.
Trial:
Every individual charged with a
criminal offense has the Constitutional right to a jury trial. At
trial, a panel of twelve persons (a "jury") selected by the
attorneys, determines if the accused is guilty or not guilty.
Both the Prosecuting Attorney and the Defense Attorney are permitted to
present evidence and "put on their case." If you are
found not guilty, then your case is finished. If, however, you
are found guilty, then the case proceeds to the sentencing
phase.
Sentencing:
This step
is handled exclusively by the judge without the jury. At the
hearing, all factors are taken into consideration in determining the
sentence imposed by the court. Both the Prosecuting Attorney and the
Defense Attorney are given the opportunity to speak to the court
regarding important issues. Your Defense Attorney should always
argue for a probationary sentence or minimum incarceration.