Tuesday, 24 June 2014

Steps Involved in a Criminal Process

The criminal process begins with someone being arrested with probable cause that they have committed a crime. Starting with arrest, the criminal process proceeds through a series of stages and may conclude either before, during or after a trial.

The Process

Arrest: When a person files a complaint against another person, an investigating officer looks for a probable cause that the crime has been committed and arrests the accused with a valid arrest warrant. The officer books the accused, takes photos and fingerprints and sends the accused to police custody.

Bail: If the accused makes bail, then the accused is free from jail based on the agreement that the suspect should appear at all court trials.

Arraignment: This is the first court appearance of the accused where the judge reads the criminal charges and asks whether the accused pleads ”guilty” or “not guilty” of the crime.

Preliminary hearing: In a preliminary hearing, both the prosecutor and defense make their arguments.

Pre-trial motions: Pre-trial motions resolve final issues and pave the way for actual trial. Here both the defense and the prosecutor confirm with the court they are ready for trial.

Trial: After hearing the arguments of both sides, the accused is guilty or not guilty.

Sentencing: The court determines the appropriate punishment based on the nature and severity of the crime. If the convicted feels that the judgment is not reasonable, then an appeal to a higher court for re-trial is possible. Otherwise, the convicted faces the punishment.

Jersey City criminal defense lawyer

When accused of a criminal case, it is better to secure a criminal defense lawyer. Mr. Joel Silberman, the  Jersey City criminal defense lawyer, provides dedicated legal representation in all areas of criminal defense. If you are facing criminal charges and want to seek expert legal representation, then call Mr. Joel Silberman at 800-889-3129.

Disclaimer:  The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

Thursday, 19 June 2014

Criminal Justice Process

In the USA, the criminal justice process varies from state to state unless the case is federal. There are several steps involved in the criminal justice process, beginning with a criminal investigation and ending with conviction or acquittal. This system involves a set of investigation agencies, several processes and rules set up by government to investigate criminal acts and impose penalties on the convicted.
Steps in the criminal justice process:
  • The criminal justice process begins with a crime or compliant.
  • Based on the evidence, the police identify the suspect and perform an arrest.
  • After arrest, the accused can usually apply for bail.
  • If the suspect is charged, the officials will initiate the court trial.
  • After this, the accused can hire a criminal defense lawyer for representation.
  • If the accused pleads guilty, then the criminal defense lawyer may request a plea bargain, which will reduce the final sentence.
  • Otherwise, the defense lawyer collects evidence to prove the client is innocent.
  • If the jury finds the accused guilty, then the accused has to face the sentencing. Otherwise, the accused goes free.
  • If any side is not satisfied with the judgment, they can appeal and challenge the judgment.
New Jersey criminal defense lawyer

Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visithttp://www.joelsilbermanlaw.com/ for more information.
Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.