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Criminal Defense Process

There are 5 basic steps in the criminal process. Each step has its own set of rules that must be followed. If any of these rules are broken, it can result in your charges being dropped or you being found guilty. If you are facing criminal charges, it is important to have an attorney who is well-versed in criminal law. The following is a brief description of the criminal defense process:

• Arrest. When a person is arrested, they are taken into custody by a police officer. The arrest must be lawful and the police officer must have probable cause to make the arrest.
• Bail. If a person is arrested, they may be released on bail. The judge sets the bail amount and the person can pay it and be released. If the person cannot afford the bail, they may be held until their trial.
• Preliminary Hearing. After a person is arrested, they may be arraigned. At this time, a judge will set a court date and enter a plea of not guilty. The person may enter a plea of no contest if they wish. If the person is charged with a felony, the judge will usually set a preliminary hearing. At the hearing, the prosecution must show that there is enough evidence to prove that a crime was committed and that the person charged committed the crime.
• Trial. If the prosecution has enough evidence to prove a person committed a crime, a trial may be held. At the trial, the prosecution must show enough evidence to prove the person committed the crime. The defense attorney may cross-examine the witnesses and introduce evidence that may show the person did not commit the crime.
• Sentencing. After a person is found guilty, the judge will set a sentencing date. At the sentencing, the judge will set a jail or prison sentence, fines, or both. The judge may also order the person to complete community service or rehabilitation.