Sometimes you fall into the grip of a lengthy criminal justice system. When you have been arrested for a crime, you will have to follow the stepwise process. Oftentimes, these steps vary from one state to the other. You are required to follow every step of the procedure until you reach the point of resolution. Got solving these cases, criminal defense attorney Marietta GA will assist the individual in the custody.
Step 1: Arrest
The entire criminal proceeding starts with the arrest. During the initial stages, the individual who is accused of the crime is taken into custody. If it happens so that the police officer witnesses the crime, he or she determines the reasons for it. If they witness the incident, they take the individual into custody. An official may also issue an arrest warrant based on the statement issued by the appropriate party. Here, the term appropriate party refers to the Grand jury or the judge.
Step 2: Charges
This is a second stage that follows the arrest. In this stage, the law enforcement officials start compiling the written report regarding the offense. In this stage, they will mention everything regardless of whether the criminal case is still going on or resolved. The report comes inclusive of the General information related to the circumstances, about the crime statement that witnesses provide them. Generally, the report consists of all the requisite details. Following it, the prosecution starts determining if the crime has beencommitted. It also leads way to judgment of the probable cause about how the person in the custody is responsible for the offense. This stage also sometimes allows the prosecution to determine the severity and type of charge that must be filed against the individual in question.
Step 3: Arraignment
At this stage, a judicial officer takes charge of the case. This step is usually the first Court appearance of the defendant. In this stage, the defendant comes to know about every charge. Then the court will advise the defendant to counsel. It also advises him or her to take into consideration the rights of remaining silent during the court session. Also, the defendant gets an opportunity to enter their plea. During the Step, everyone will witness that the court decides about the conditions related to the release of the defendant. In some cases, when the criminal activity is of a lower level, the defendant is released from the custody based on the recognizance. However, the court will set the amount forbail if the nature of the case is serious.
Step 4: Pre-trial Proceedings
Before the beginning of the trial, the criminal procedure involves a period wherein both the defendant and prosecutor take the help of the defense attorney. The stage marks the exchange of information about the charges and facts related to the case. The defendant then gets entitled to know about what evidence the prosecution has before the start of the actual court session. In the stage, lawyers from both partiesfile various motions, discovery requests, and witness summonses.
In most cases, the session ends with a successful agreement of both parties. If not, the court sets a trial date.
Step 5: Trial
This is the stage that leads to the determination of actual criminal guilt when the defendant gets ready for the Jury trial. The prosecutor gives a fair and impartial verdict based on hearing out the arguments of either party and taking the evidence linked to the cases into consideration.
Right after the selection of the Jury, both sides start offering the open statement. In this step, the prosecution attorney goes first. They give an overview of the entire crime includes evidence to establish the guilt of the convict. The defense lawyer provides evidence on the contrary to prove their point. The prosecution is required to show evidence relating to the witness testimony and physical evidence.
At the end of it, the court determines if proofs are sufficient to establish the criminal charges against the accused. The defendant, on the other hand, presents counter-evidence to prove their side of the story for the acquittal of the charges leveled against their client. Both parties exchange evidence and present their views throughout the trial session. With time, the Jury retires for the deliberation.
Step 6: Verdict
The Jury pronounces the verdict based on the outcome after careful consideration of the arguments and evidence presented by both the view.An accused may either face a single or multiple criminal charges, depending on the nature of their case. In the case of the latter, the Jury passes a verdict on each charge involved in the case.
Step 7: Sentencing
After deciding that the defendant is guilty, the judge will impose the appropriate punishment on them. The laws vary among jurisdictions in the United States. The judge has to abide by the guidelines related to how long the sentence of imprisonment should be. It also takes into consideration the additional conditions depending upon the harshness of the crime. The judge will impose prison time, Court order, counseling, fines, or rehabilitation. Besides, there are also decisions like community service, probation, or restitution.
Step 8: Appeal
When convicted at a lower court, an individual may also decide to exercise their constitutional right to appeal against it. In this regard, the defendant’s lawyer files an appeal for a review ata higher court of justice for a review of the existing legal errors. These include violations of the rights that may have either directly or partiallyinfluencedthe outcome.
From the above, it stands out that the legal procedure of a case involves a lengthy process featuring eight stages. Only a legal professional with the know-how of the entire procedure can help an individual with either the withdrawal of charges or minimizing the severity of the punishment.An experienced and qualified attorney, such as Marietta Criminal Defense Lawyer, can help you to successfully deal with the challenge.