What comes after the arrest
0
comments
Have you been arrested for a crime or are you a suspect of a crime? The criminal justice process varies from state to state, and federal criminal justice system has its own rules, procedures and terms for the prosecution of those accused of federal crimes. However, in many cases, the following describes the general process taking place when accused of a crime.
Grand Jury Indictment
The criminal process begins with a complaint or information filed with the court by the prosecutor or grand jury. The Fifth Amendment to the U.S. Constitution requires all federal crimes must be brought by a grand jury indictment, but states are not bound by this rule so they can use a grand jury or not.
The arrest
The arrest can occur either at the scene of a crime or on the basis of guarantees or sworn statements ordering a court appearance, usually after the complaint, information or grand jury indictment has been filed. All arrests must be based on probable cause or reasonable belief, by an officer that a crime has been committed and the accused may have committed the crime. The police must inform the defendant of his Miranda rights in relation to an arrest, taking the suspect into custody, and the realization of a challenge from the custody of the accused. The rule requires police to advise Miranda a suspect of his privilege against self-incrimination, the right to remain silent and the right to have an attorney present during questioning if you wish.
The initial appearance
At the initial appearance of the defendant will be notified of the charges and the opportunity to plead guilty or not guilty. After entering an answer to the complaint may also have his bail or be released, or the judge may order the defendant in jail until trial.
Arraignment
The arraignment is the formal presentation of charges and public hearing where a judge considers evidence the prosecutor has to decide whether there is probable cause to support the charges against the accused. The judge may reduce or dismiss the charges and the arraignment may take place days or weeks after the arrest, according to the calendars of the courts.
Plea negotiations
In many cases, the prosecutor and counsel for a defendant to negotiate a statement, also known as plea bargaining. In a guilty plea, the prosecutor may offer to reduce or dismiss some of the charges or recommend a lighter sentence in exchange for a guilty plea.
The test
If a plea agreement is not reached the defendant have a trial. The defendants have a constitutional right in both federal and state courts to trial by jury, but may waive this right and have a trial without a jury. In a federal court jury's verdict must be unanimous, while jurors in state courts may have split verdict. The Supreme Court has not established a firm rule about how a jury may be divided, but should be broader than a simple majority to convict.
The verdict
Once the case is submitted to the jury for deliberation, the jurors retire to deliberate in secret. When the jury reaches a verdict, their finding that the defendant is read in open court. In a bench trial, the judge deliberately so, but usually a judge will not take the time a jury to reach a verdict.
Sentencing and Sanctions
If the defendant is found guilty, the judge may set a future date for which the defendant is sentenced. In determining the sentence a judge may use a pre-sentence report, which provides a uniform assessment of the accused's family in general, medical and criminal history. In most cases the judge decides the sentence, but in some jurisdictions, the sentence is decided by the jury, particularly for capital offenses. Range of possible prison sentences, fines, have been met or probation.
Post-conviction Motions and Appeals
After the trial the defendant may seek appellate review of the conviction or sentence. In some cases, defendants are entitled to appeal.
Corrections
If the defendant is found guilty can go into some kind of custody, either probation, jail or some other alternative. Probation means that the convicted felon will not go to jail but allowed to return home, usually with some restrictions on what they can do and where to go. Prison sentences are usually served in a prison in the city or county if the conviction is for one year or less or in a state penitentiary if more than one year.
If you were arrested at the scene of the crime, or after a complaint or grand jury indictment was filed should hire a criminal defense attorney immediately. If you are questioned, politely tell the law enforcement authorities or other person who questions you would like to have counsel present during questioning, and wait until he provides. This is your constitutional right.
Grand Jury Indictment
The criminal process begins with a complaint or information filed with the court by the prosecutor or grand jury. The Fifth Amendment to the U.S. Constitution requires all federal crimes must be brought by a grand jury indictment, but states are not bound by this rule so they can use a grand jury or not.
The arrest
The arrest can occur either at the scene of a crime or on the basis of guarantees or sworn statements ordering a court appearance, usually after the complaint, information or grand jury indictment has been filed. All arrests must be based on probable cause or reasonable belief, by an officer that a crime has been committed and the accused may have committed the crime. The police must inform the defendant of his Miranda rights in relation to an arrest, taking the suspect into custody, and the realization of a challenge from the custody of the accused. The rule requires police to advise Miranda a suspect of his privilege against self-incrimination, the right to remain silent and the right to have an attorney present during questioning if you wish.
The initial appearance
At the initial appearance of the defendant will be notified of the charges and the opportunity to plead guilty or not guilty. After entering an answer to the complaint may also have his bail or be released, or the judge may order the defendant in jail until trial.
Arraignment
The arraignment is the formal presentation of charges and public hearing where a judge considers evidence the prosecutor has to decide whether there is probable cause to support the charges against the accused. The judge may reduce or dismiss the charges and the arraignment may take place days or weeks after the arrest, according to the calendars of the courts.
Plea negotiations
In many cases, the prosecutor and counsel for a defendant to negotiate a statement, also known as plea bargaining. In a guilty plea, the prosecutor may offer to reduce or dismiss some of the charges or recommend a lighter sentence in exchange for a guilty plea.
The test
If a plea agreement is not reached the defendant have a trial. The defendants have a constitutional right in both federal and state courts to trial by jury, but may waive this right and have a trial without a jury. In a federal court jury's verdict must be unanimous, while jurors in state courts may have split verdict. The Supreme Court has not established a firm rule about how a jury may be divided, but should be broader than a simple majority to convict.
The verdict
Once the case is submitted to the jury for deliberation, the jurors retire to deliberate in secret. When the jury reaches a verdict, their finding that the defendant is read in open court. In a bench trial, the judge deliberately so, but usually a judge will not take the time a jury to reach a verdict.
Sentencing and Sanctions
If the defendant is found guilty, the judge may set a future date for which the defendant is sentenced. In determining the sentence a judge may use a pre-sentence report, which provides a uniform assessment of the accused's family in general, medical and criminal history. In most cases the judge decides the sentence, but in some jurisdictions, the sentence is decided by the jury, particularly for capital offenses. Range of possible prison sentences, fines, have been met or probation.
Post-conviction Motions and Appeals
After the trial the defendant may seek appellate review of the conviction or sentence. In some cases, defendants are entitled to appeal.
Corrections
If the defendant is found guilty can go into some kind of custody, either probation, jail or some other alternative. Probation means that the convicted felon will not go to jail but allowed to return home, usually with some restrictions on what they can do and where to go. Prison sentences are usually served in a prison in the city or county if the conviction is for one year or less or in a state penitentiary if more than one year.
If you were arrested at the scene of the crime, or after a complaint or grand jury indictment was filed should hire a criminal defense attorney immediately. If you are questioned, politely tell the law enforcement authorities or other person who questions you would like to have counsel present during questioning, and wait until he provides. This is your constitutional right.
Categories:
Lawyer
If You Like This Post, Share it With Your Friends & Peers
