The legal process is rather lengthy and complicated. Here we have highlighted some of the important events that occur during this process discussed in the sequential order as they occur. The information provided below is by no means a complete discussion of the legal process, rather a summary highlighting the important events and common situations.
Arrest
When law enforcement agents take an individual into custody based on a reasonable belief that the individual committed a crime against the law.
Booking
In most cases, when an individual is arrested, he/she is taken to the police station where some basic information is taken from the accused. This may include fingerprints, mug shots, background checks, and questioning.
Charging
The actual charge for the crime an individual is accused and arrested for is decided upon by the prosecuting attorney's office. Neither the police nor the person that the alleged crime occurred against is able to decide upon what decision the prosecutor makes. However, the prosecutor's office often takes into consideration the wishes of these other parties.
Arraignment
This is the procedure where an individual is formally read his/her rights and the crimes that he/she is being charged with. In addition, the bail, "discovery", and special appearance issues are handled at this time.
Bail
This is the amount of money determined by the judge, which the accused must put up as collateral, so that the court is insured the accused will reappear after release. The judge decides whether or not to offer bail and the appropriate amount.
Discovery
The complete exchange of records and evidence from both the prosecution and defense attorney.
Preliminary (Felonies) Hearing
In felony cases this hearing is required during which a judge decides whether their is enough evidence against the accused for the case to go to trial. At the preliminary hearing, the district attorney is able to add additional charges and request the re-admittance of the accused into the custody of law enforcement.
Plea Bargaining
This is the meeting that occurs between defense and prosecuting attorneys where the defense attorney attempts to obtain the best plea for his/her client. This may include an agreement that the prosecutor will file lesser charges, drop charges, or reduce consequences. Often the prosecutor agrees to these improved terms if the defense agrees to plead guilty.
Pre Trial Motions
These are motions which the defense attorney files to protect his client. These motion mays include:
- 1. Motions to suppress evidence.
- 2. Motions to dismiss information.
- 3. Motion for a speedy trial.
- 4. Motion to sever counts.
- 5. Motion to compel discovery.
- 6. Motion to strike counts.
This the court process where the defense, prosecution, jury, and judge engage in the court process to determine the guilt or innocence of the accused.
Sentencing
This is the court hearing where a judge determines what punishment should be administered to an individual who has been found guilty through the trial process. During this procedure, the judge may offer probation in lieu of jail time. In addition, the defense may attempt to negotiate other sentencing modifications.
Consequences
In addition to the sentencing, an individual is subject to several other consequences which may include but are not limited to:
- 1. Loss of the right to vote.
- 2. Loss of the right to possess a firearm of any kind.
- 3. Loss of right to associate with known criminals.
- 4. Registration as a sex offender
- 5. Increased penalties for future criminal convictions.
- 6. Registration as a narcotics offender
These are motions filed by the defense in the event that they believe the Trial Court may have had made errors during the trial.
Expungement
In appropriate situations, an individual may have a conviction removed from his/her record by filing a motion.