FORMER PROSECUTERS. NOW DEFENDING YOU.

The Criminal Process

December 4th, 2013 by admin

The criminal process deals with a set of rules in the penal code where the government enforces the criminal law. The process incorporates all he legal rules regarding investigating, prosecution, adjudication, and punishment of individuals violating criminal laws.

In the U.S, for example, each municipal and state have their own criminal code that defines types of conduct deemed as crime, and the possible punishments. Similarly, the federal government has its own criminal code; Title 18 of U.S Code outlines the different crimes beyond states’ jurisdiction or directly affect federal activities.

While there can be very many steps in the criminal process, here are the major steps involved.

Investigation and Arrest

The main purpose of an investigation is to gather evidence that will support an arrest. Possible avenues for investigation may include searches (with search warrants), property inspection or police questioning. In all the options, probable cause is the only requirement to warrant an investigation. If police find any link between a person and a particular crime then they will be taken into custody and held until court.

Prosecution, indictment and Arraignment

The fourth, fifth and sixth amendments of the U.S constitution (just like in many countries) grants the defendant a right to a speedy trial, right to silence, right to representation by an attorney and right to a fair jury trial. Prosecutors will therefore weigh the seriousness of the accusation against the evidence collected before charging a person.

On the other hand, a grand jury or the prosecutor can decide to pass an indictment. However, if it is a capital offense, then an indictment is mandatory according to the Federal Rules of Criminal procedure.

Before the trial, the defendant appears before the judge and enters a plea. The most common pleas are guilty & not guilty.

Between the period of arraignment and the beginning of the trail the defendant may be detained or released on a bail. A bail is normally allowed contingent that the defendant will attend court proceedings.

Trial and Sentencing

Based on the evidence, the judge (and jury) will listen to the case and decide whether the defendant is guilty beyond reasonable doubt or otherwise. The defendant may be acquitted due to insufficient evidence. If the accused is guilty, then the judge will read out a sentence. The sentence could be a jail term, probation or fine.

In most criminal cases, the state gives an ultimatum with-in which the defendant attorney can apply for an appeal.

Comments are closed.

Contact Us Today

  • This field is for validation purposes and should be left unchanged.
Who you hire as a criminal lawyer can be more important than the criminal charges your are facing

TESTIMONIALS

Mr. Steve Raiser did an excellent job handling my case, his hard work led to the dismissal of my cases. Not only was Steve Raiser very professional, he was also very personable as I was able to talk to him as a friend and seek advice from him. Steve Raiser made me feel very comfortable. I would highly recommend him to family, friends, and anyone who is in need of help from an attorney.

Tom is the best lawyer out there across the board. He will get you the best result possible for your situation. He will advocate for you to ensure the BEST outcome.

Our Office Locations

New York

Mineola

Hauppauge

87 Walker Street2nd FloorNew York, New York 10013
Phone:
212-274-0090
300 Old Country RoadSuite 351Mineola, New York 11501
Phone:
516-742-7600
 
 
150 Motor Pkwy.Suite 401Hauppauge, New York 11588
Phone:
631-630-2295