Take Charge Of Your Life  

Having an experienced criminal defense lawyer can make a tremendous difference in the outcome of your case, as well as helping you through each stage of the criminal process.

The criminal process begins with a police stop or arrest and continues through to trial, or even sentencing.

It may end at any part along the way depending on the facts and circumstances of your specific case.

You have certain rights at every stage of the criminal process.

Basic summary of the steps
in the criminal process
and some rights you should be aware of: 

The Stop

You may be stopped for questioning by the police. A stop occurs when a officer detains you to ask you questions, but does not move you to a different location. An officer should not stop you unless he has a reasonable belief you have violated the law.

Even though you are not under arrest at this point, you do not have to answer any questions that the officer asks.

The officer may request to search you or your vehicle.

The officer cannot search your car without your consent unless he has “probable cause”.

You should state that you do not consent to a search of your vehicle.

The officer may perform a search anyway, but if it is later determined there was not probable cause, at least you did not consent to the search.

The officer could decide at this point that there is no reason to arrest you. Your involvement in the criminal process could end here.

The Arrest

An officer can arrest you if he/she has seen you commit a crime, has probable cause to believe you committed a crime or if there is a warrant for your arrest.

When you are arrested, you will be taken into police custody.

When you are placed under arrest, the police must inform you of your Constitutional rights.

This includes your right to remain silent and your right to obtain the advice of an attorney.

When you are arrested, you should be given an opportunity to contact a lawyer informing him what has happened to you.

Once you are arrested, there is a limited amount of time before you must either be charged with a crime or released
(usually up to 72 hours).

The Booking

After you are arrested and charged with a crime,

• you will be booked;
• you will be finger printed;
• your name and the crime you have been charged with will be entered into the official police record;
• your personal belongings will be taken from you;
• they will be inventoried and you will sign the inventory sheet.

 Depending on the charges and the circumstances of your case, you may be released and ordered to appear for your hearing in court.

You may be released on;

In other instances, you may remain in police custody until there is a court hearing. If this happens, you will be asked to enter a plea.

You can enter a plea of “not guilty,” “no contest,” or “guilty.”

If you enter a not guilty plea and you have not been able to bond out, the judge will decide if you will be released pending your trial and, if so, the terms of your release;

Motion Hearing

In many cases, you are entitled to have a hearing to determine whether the police have violated your Constitutional rights.

As discussed above, if the police did not have probable cause to search your vehicle, your house, or your person, it is possible that they have violated your Constitutional right to be free from unlawful searches and seizures.

Once it has been determined that an individual’s Constitutional rights have been violated, any evidence that the police have obtained in violation of that individual’s rights will likely be thrown out.  Many times after this evidence has been thrown out, the charges will be dropped and you will not have to go to trial.

The Trial

If you enter a plea of not guilty and/or you did not prevail at a motion hearing, you will have a trial.

During this trial, the prosecution has the burden of proving you guilty beyond a reasonable doubt.

If, at the end of your trial, you are found not guilty, you will be free to go and the criminal process will end.

If you are found guilty, you will go through the sentencing process.

Sentencing

If you enter a plea of no contest or of guilty, there will not be a trial. In this situation, you will either be sentenced immediately or sentenced at a later time.

Sentencing may consist of;

If you are to be sentenced at some point in the future, the judge will determine whether you should be held in custody or whether you should be released and ordered to appear for sentencing.

At the sentencing, the judge will determine what he/she feels the appropriate punishment will be.

Contact Us as soon as you are charged or believe you might be charged.

See FAQs for more information.

↑ Back to Top