Has Your Loved One Been Arrested? Understanding The Seven Steps Of The Criminal Process
If your loved one has been arrested, you need to know what to expect. Going into the process uninformed can leave you feeling confused and alone. It can be difficult to get answers, especially if your loved one hasn't been assigned an attorney yet. Knowing what to expect can help you cope with the situation. Here is the process that the criminal courts will follow now that your loved one has been arrested.
1. Initial Arraignment
The first step in the criminal courts process is the arraignment. The initial arraignment is where your loved one will hear the official charges against them. It's also where they will enter a plea and be assigned counsel. During the initial arraignment, bail will be set. At this time, a date will be set for your loved one to attend an official bail hearing in court.
2. Bail Hearing
At the official bail hearing, the judge overseeing the case will look at the amount of bail that was set during the initial arraignment. The prosecution and the defense – your loved one's attorney – will be allowed to argue for either an increase or a reduction in the bail amount. Your loved one's attorney will be arguing for a reduction. The judge can either leave the bail as is, reduce, raise or remove the bail altogether. In certain circumstances, the judge may remove it altogether, which means your loved one will be released from police custody on their own recognizance. During the bail hearing, a date will be set for the readiness hearing.
3. First Readiness Hearing
At the readiness hearing, both sides will be given the opportunity to try and resolve the issue. In some cases, the prosecution will offer a deal that will allow for a reduction of charges. If your loved one is offered a settlement deal, their attorney will help them decide whether they should take it or proceed with the trial. If an agreement can't be reached, a date will be set for the preliminary hearing.
4. Preliminary Hearing
The preliminary hearing can be compared to a mini trial. The prosecution will present a brief case, including the evidence that they have against your loved one. At this time, the judge will decide if there is enough evidence to hold your loved one over for trial. If there is, a date will be set for the final readiness hearing.
5. Readiness Hearing
At the final readiness hearing, the parties will be given a last opportunity to settle the case. If your loved one's attorney and the prosecution can't reach an agreement, the case will go to trial. During this hearing, evidence is discussed, as well as potential witness lists. A date will be set for a motions hearing.
6. Motions Hearing
This is an important part of the process. This is the hearing where your loved one's attorney will be given the opportunity to challenge certain evidence that the prosecution plans on using. If your loved one's attorney is successful in their challenges, the prosecution will not be allowed to use that particular evidence. At the motions hearing, a date will be set for the trial.
7. The Trial
This will be the final step in the process. During the trial, both the prosecution and the defense will present evidence designed to show either the guilt or innocence of your loved one. Witnesses will be called and all evidence will be exhibited. At the end of the trial, the jury will deliberate and reach a verdict.
If your loved one has been arrested, you need to know what to expect. The information provided here will help you understand the process that your loved one is about to go through. Contact a criminal defense lawyer for more information.