The Stages of the Criminal Justice Process
Wondering what steps are involved in the criminal process? In this blog, we outline what to expect if you are charged with a crime.
Arrest Warrant Issuance
A warrant for your arrest serves as a formal legal order that authorizes law enforcement to apprehend an individual suspected of committing a crime. Issued by a judge, the warrant is based on a written statement or affidavit, which provides evidence or probable cause that justifies the arrest. This document is significant because it ensures that arrests are conducted legally and with due process, protecting individuals from arbitrary detention.
Bail (or Bond) Hearing
At this hearing, the court determines whether a defendant should be held in custody or released while awaiting trial. The primary purpose of this hearing is to assess the risk of the defendant failing to appear at future court dates or posing a danger to the community if released. During the hearing, the judge considers various factors, including:
- The severity of the alleged crime
- The defendant's criminal history
- The defendant’s ties to the community
- The defendant’s potential flight risk
If bail is granted, the defendant can either pay the amount or use a bond service to secure their release; however, if bail is denied, the defendant must remain in custody until the trial concludes, significantly impacting their ability to prepare for their defense.
Preliminary Hearing
A preliminary hearing is an essential step in the criminal justice process, designed to assess whether sufficient evidence exists to proceed to trial. This hearing takes place in front of a judge, who evaluates the evidence presented by the prosecution to determine if there is probable cause to believe the defendant committed the crime.
Although the hearing does not determine guilt or innocence, it serves as a safeguard against unwarranted prosecution, ensuring that only cases with adequate evidence move forward. During this stage, the defendant has the right to be present and represented by legal counsel. While you should contact an attorney as soon as you’ve been arrested, if you haven’t yet, be sure to retain counsel before this hearing.
Court Decision on Charges
At this juncture, the court assesses whether there is sufficient cause to believe that a crime has been committed by the defendant. For misdemeanor charges, if the court finds adequate evidence, the case moves directly to a plea hearing, where the defendant can accept or contest the charges. In contrast, for felony charges, a positive court decision leads to the case being bound over to a grand jury, which will decide if the matter should proceed to trial.
Grand Jury Hearing
A group of citizens decides if the case should go to trial without the defendant present. Unlike a trial jury, which decides the guilt or innocence of the defendant, the grand jury's role is solely to assess whether there is probable cause to believe a crime has been committed.
Indictment
An indictment is a legal document issued by a grand jury that formally accuses an individual of committing a crime based on evidence presented by the prosecution. This document is essential as it signifies that the grand jury has found sufficient probable cause to believe that the accused has committed the alleged offense. Once an indictment is issued, it sets the legal proceedings in motion, leading to the defendant's arraignment,
Arraignment
During this proceeding, the indictment is read aloud in court, and the defendant is given a copy to review. The primary purpose of the arraignment is to ensure that the defendant fully understands the charges they are facing and to enter their plea.
Status Hearing
At this stage, the court ensures both parties are ready to proceed, with multiple hearings possible. Both sides report on their progress in gathering evidence, finalizing legal strategies, and resolving any outstanding issues that could affect the case timeline.
Plea Agreement
A plea agreement is a negotiated settlement in the criminal justice process that allows a defendant to accept responsibility for their actions without proceeding to trial. The negotiation involves discussions between the defense attorney and the prosecutor, where they work to reach an agreement that is acceptable to both parties and the court. The defendant may agree to plead guilty to the original charge or a lesser offense, which can lead to a reduced sentence or other concessions.
Trial
During the trial stage, the central focus is on determining the defendant's guilt or innocence based on evidence presented in a court of law. The trial's primary purpose is to ensure a fair and just examination of the facts, where both the prosecution and defense present their cases, including evidence and witness testimonies.
Sentencing
After a guilty plea or verdict, the judge decides the punishment. During sentencing, the judge considers various factors, including the nature and gravity of the crime, the defendant’s criminal history, the impact on victims, and any mitigating circumstances that might warrant leniency. Possible outcomes of sentencing can range from imprisonment, probation, or fines to community service or rehabilitation programs.
Post-Trial Options
This stage serves several purposes, including the finalization of the trial's outcome and the exploration of options available to the defendant, such as appeals. If the defendant is convicted, they have the right to appeal the verdict or the sentence imposed, which involves a higher court reviewing the trial court's decision for legal errors. This provides a crucial opportunity to ensure the fairness and legality of the trial process.
Let Us Walk With You Through Each Stage of Your Criminal Case
Eldridge and Cravens, PC works with clients to defend against the following charges:
- Assault and battery
- Domestic violence
- Drug crimes
- DUI offenses
- Misdemeanor charges
- Theft and fraud charges
- White-collar offenses
Having an attorney by your side can significantly reduce stress and anxiety during this challenging time. Our team can also help you understand the potential consequences of your actions during each stage of the process and can help you prepare for every phase. We can also offer our counsel on developing a strategy to ensure your rights and freedom are protected.
Schedule an initial consultation today by calling (865) 544-2010.
