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.

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