Criminal Defense Process

If you're dealing with the criminal justice system because of an arrest or investigation, it's in your best interest to understand the criminal defense process. Of course, there are differences between the federal and state versions of the criminal defense process, and there are significant variations among the 50 states. However, the basics of the criminal defense process are similar across the U.S.

Investigation or Arrest

Before an arrest for a crime, an individual may be the target of an investigation by law enforcement officers, and may even be under surveillance. At such an early point in the criminal defense process, it's wise to seek the counsel of an experienced criminal attorney . Law enforcement officers (whether police, sheriff, federal agents, Coast Guard, etc.) sometimes overstep their authority.

In other cases, officers make an arrest without an investigation. An alleged crime may have been observed by law enforcement, or the arrest may be done based on other information. A person's constitutional rights must be protected throughout the criminal defense process, and at the time of arrest, a person has the right to remain silent, and the right to contact an attorney.

Charges and Bail

After the arrest, law enforcement officers put the arrested person through some type of booking process. A prosecutor makes a decision regarding what crime or crimes the individual will be charged with. At the charges stage, a person has the right to know exactly what charges are being brought against him or her.

A person who has been arrested will probably have the opportunity to make bail by posting money or a bond as a surety for his or her future appearance in court. Before any money or bond is posted as bail, the person in custody should contact an attorney who is familiar with the criminal defense process in that specific locale.

Hearings, Trial, Pleas

After a prosecutor decides on the criminal charges, a criminal defense attorney representing the accused person may be able to negotiate to get the charges reduced or dismissed. It the charges are not dismissed, the next stage may be a preliminary hearing, a probable cause hearing, or a trial. At these steps in the criminal defense process, a defense attorney will strive to minimize the negative consequences for the defendant.

Sentencing

If a trial does not result in an acquittal (a not-guilty verdict), a defendant should be aware that there are widely differing guidelines for sentencing. These differences are based on the severity of the crime, the circumstances of the crime, the defendant's past criminal record, and other factors. A criminal defense attorney can inform a defendant of the possibilities that can be expected, but the final decision about a criminal sentence is up to the judge.

Contact an Experienced Criminal Defense Lawyer Today

If you're dealing with the criminal defense process, it's wise to have a legal professional on your side. Consult a qualified defense attorney today to protect your rights and explore your options.

Online Lawyer Source

Lawyers & Legal News Near You

Need Legal Help?

Start Here for a Free Case Review!

Criminal Defense Process

Find a Lawyer in Your State

Need Help?

Criminal Defense Process

Other Areas of Criminal Law