Criminal Law FAQs
The typical steps in a criminal proceeding are: for minor offenses, the charged can often call the court to find out the amount of the fine, plead guilty and send in their payment; or, if s(he) wants to plead not guilty and have a hearing, s(he) has to show up at the assigned hearing. The person may represent himself at this hearing, or have an attorney represent him.
For felony and misdemeanor proceedings, the process is more complex. Your attorney can be with you throughout the whole proceeding or you may waive the right and represent yourself. After the crime is committed, it is reported and investigated, and the person is arrested. When booking occurs, there is a recording of the defendant’s name, crime he/she is charged with, and the phone number, address, photograph and fingerprints of the accused.
Once the defendant is in court and enters a plea of either guilty, not guilty or no contest, s(he) is presented with a written accusation explaining the facts of the crime and his/her involvement in the crime. This accusation can be presented by a grand jury, prosecutor or a police officer. If the plea is not guilty, a date for trial is set.
Either bail is set or the defendant must be “detained” (kept in jail until trial). Bail can range anywhere from being released on your own recognizance, to posting thousands of dollars. If a higher amount is set for bail, a bail bondsman is often called to provide the payment in exchange for a lien against property as collateral, and a fee. Bail is forfeited if the defendant does not show up at the next hearing.
A preliminary hearing is where a judge decides whether the defendant should be held for trial. The prosecution has the burden of providing enough evidence to the judge that a crime did occur and the defendant did commit the crime.
In a criminal trial there are opening statements, the examination of witnesses and evidence, closing statements given, instructions for the jury, a rendered verdict after deliberation, and a verdict entered. Upon completion, the defendant may try a post trial motion (a motion for a new trial).
When the defendant is found guilty, a hearing is set to determine the sentence. The sentencing reports factor in prior payment of restitution or other crime convictions. These are often submitted to the judge and the judge pronounces judgment at a sentencing hearing. Other times, a jury or sentencing council will render the sentence.
The sentencing possibilities are 1)to be ordered to pay a fine, 2) to be released but with specific terms of probation, or 3) to be sent directly to jail. If the probation terms are violated, the probation can be revoked and the person will be sent to jail.
After conviction, the defendant has appellate proceeding which can be available to decide whether all substantive [actual claims and defenses] and procedural law [rules of the court to try to ensure due process] have been properly conducted at trial.