Criminal Law Overview

The United States criminal justice system can be complicated and frightening. The U.S. incarceration rate is higher than those of other industrialized countries, and sometimes the rate is staggering.  Not only are prison sentences getting longer, they are more frequent.  That is, in the past if a crime might get you probation, you are more likely to get a sentence now.  If you are being accused of a crime, contact an experienced criminal defense lawyer as soon as possible.  It is always in your best interest to talk to a lawyer before the police.  No one will guard your rights more than your lawyer.

Due Process

Because of the complexity in both conception and procedure in our criminal justice system, each court has its own system of rules of criminal procedure to ensure fairness of proceedings.  The rules govern the actions of the police, defense attorneys, prosecutors, judges, and even juries.
Criminal defendants are guaranteed due process of law by the U.S. Constitution in all proceedings against them.  In short, this means the rules of criminal procedure must be followed in all areas of the criminal justice process.  Due process includes such things as reasonable notice of proceedings and fair hearings when there is a possibility of incarceration.

Stages of a Criminal Case

Investigation:  This is the part of the crime where the police review the facts, interview witnesses, and gather evidence against a suspect or suspects.  When the police have gathered enough evidence against a person or persons, they will ask a judge to sign an arrest warrant for the suspect.

Arrest and Bail:  When a suspect has been arrested, the next step is to go before a judge and hear an amount of bail set, that once paid, will allow the suspect out of jail until the trial.  If bail is declined, the suspect will remain in jail until the trial.  Several factors will influence the amount of bail the judge decides for a particular suspect.  These include the severity of the crime, the strength of the prosecution’s case, presence or lack of a criminal history, and even whether the suspect is considered a flight risk, that is likely not going to show up for trial.  If the suspect does not show up for trial, the court will retain the bail money paid, and another warrant will be issued for his or her arrest.  If the person does attend future court dates, the bail money will be returned after the trial has concluded, regardless of the outcome of the trial.

Arraignment:  The first appearance of the accused will be an arraignment.  At this time, the judge will inform the accused of the criminal charges pending, ask if he or she has an attorney, or wants a court-appointed attorney, ask for a plea, and determine if the amount of bail should be modified.  Finally, a schedule will be set for future court dates.

Preliminary Hearing:  At this time, the prosecution has to show there is enough evidence to support the charges against the defendant, and the case can proceed to the next stage.  The court is held by a judge or magistrate, no jury, but the defendant’s attorney does have the right to cross-examine the prosecution’s witnesses.  This can also be referred to as a “preliminary examination” or “probable cause hearing.”  The preliminary hearing is for felony cases only.

Plea Bargaining: In exchange for a guilty plea, sometimes the criminal defendant and prosecution can come to an agreement to resolve the criminal matter without a trial.  It is often in the best interest of a guilty party to agree to a plea bargain, as the charges can get reduced, some of them dropped, or a more lenient sentence can be recommended by the prosecution.  A more experienced criminal defense attorney is the most helpful during a plea-bargaining situation.

Trial and Sentencing:  Should a plea bargain not be reached, the next step in the process is trial, and upon a guilty verdict, sentencing.  The trial consists of both prosecution and defense giving opening statements, introducing evidence, questioning witnesses, and then giving closing statements.  There is a specified order to the events, and all defendants will be considered innocent unless they are proven guilty during the trial.  If the defendant is found guilty, the court imposes a sentence.  Sentences range from probation and restitution to fines and also incarceration.  If the crime is relatively minor, the sentence may be issued right away, but for more serious crimes, the prosecution and defense are able to submit evidence and defend their opinion of what the appropriate sentence should be.  In some states, a judge determines the sentence, and in other states, this is completely separate from the trial, with a different jury for sentencing than was for the original trial.  In this phase, prosecution and defense are able to present aggravating (negative) or mitigating (positive) factors to influence the weight of the sentence.  The defendant will also have an opportunity for allocution, where he or she addresses the judge directly in order to explain his or her actions, and even show remorse.

Conclusion

To ensure your legal rights are protected if you have a criminal charge against you, contact San Diego criminal lawyer Tim Richardson to set up a free consultation.  Our experience handling criminal cases will help to expedite the process of your case, and keep you aware of your rights and protected throughout the proceedings.  If you have any questions regarding criminal defense, feel free to call our office at any time or email us immediately.