criminal court cases what to expect from an attorney

What You To Expect From A Good Criminal Defense Attorney

Full Answer

Why do I have to be present in court with attorney?

In fact, you may have many criminal court settings where you do not talk to anyone other than your attorney or saying “present” when docket is called. The purpose of many of these settings is to ensure the court that everyone is actively working on the cases and to make sure the defendant is still around and in compliance with bond conditions.

What does a criminal defense lawyer do?

After the research and strategy are done, a criminal defense lawyer has many jobs. While in court, they will call witnesses in your defense and cross-examine the prosecution's witnesses. They need to be dynamic and trustworthy, explain complex topics to a jury, and be prepared to discuss any aspect of the case.

What should I look for when hiring a criminal defense attorney?

You should also communicate well with the attorney and feel comfortable being honest with them, and the approach they will take in court. Not every attorney is a fit for every client.

What to expect at each of your criminal court settings?

Below is a brief description of what to expect at each of your criminal court settings. Step 1. The Criminal Investigation A criminal investigation may be prompted by a 911 call, an officer’s observations, an informant’s tip, or an allegation.

What to expect from a criminal defense lawyer?

What to do if you are found guilty of a crime?

What is a plea bargain?

Why do you need a criminal defense attorney?

Can a lawyer gather information from a witness?

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

What is the first stage in the criminal case process called?

Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.

What is the most important part of the court process?

After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

What are the 5 stages of a criminal case?

Steps in ProsecutionInvestigation. The CDPP prosecutes Commonwealth offences and has no investigative powers. ... Committal Proceeding. In some jurisdictions serious criminal matters require a committal hearing. ... Hearing. A hearing occurs in the Magistrates/Local Court. ... Trial. ... Sentencing. ... Appeals.

What is the procedure of a criminal case?

Mandatory Examination of accused by the Court • Evidence by Accused, if any, in defense. Commission of a cognizable offence Refusal of Police to register complaint/FIR Filing of a private criminal complaint against the offender before competent Cognizance of the commission of the offence and inquiry by the court.

What is the most important stage of the criminal trial and why?

Many attorneys consider jury selection the most important phase of the trial. Jurors are very powerful because, with no accountability and as the exclusive interpreters of the facts of a case, they can determine a defendant's fate. Choosing the right jury can mean victory for the defendant.

What is the order of trial in criminal case?

Trial can be divided into four stages: the opening proceeding, examination of evidence, questioning of the defendant, and the closing arguments.

What is the purpose of a criminal trial?

The purpose of a criminal trial is to determine whether the prosecution has established the guilt of the accused as required by law, and the trial judge should not allow the proceedings to be used for any other purpose.

What makes a criminal case weak?

The are several signs that a criminal case is weak and a good prosecutor will not even pursue such a case until they're sure they can convince a judge that the case deserves a trial. As discussed, principal signs of a weak case include lack of evidence, illegal arrest, lack of witnesses among others.

What is enough evidence charge?

Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

What is a weak case?

Signs a Criminal Case is Weak: There was No Probable Cause to Arrest. For an arrest to be legal, law enforcement must provide probable cause that the person they're arresting is guilty of committing a crime.

What are the stages of crime?

Stages of CrimeIntention.Preparation.Attempt.Accomplishment.

What are the stages of court cases?

Institution of suit: ... Issue and service of summons. ... Appearance of Defendant. ... Written Statement, set-off and claims by defendant. ... Replication/Rejoinder by Plaintiff. ... Examination of parties by Court. ... Framing of Issues. ... Evidence and Cross-Examination of plaintiff.More items...

What are the 9 stages of a criminal trial?

THE 9 STEPS TO A CRIMINAL CASE: THE PROCESS REVEALED1st Step: ARREST. This means that you are arrested for a particular crime. ... 2nd Step: JAIL. ... 3rd Step: BOND/BAIL. ... 4th Step: ARRAIGNMENT. ... 5th Step: PRELIMINARY HEARING. ... 6th Step: PRETRIAL CONFERENCE. ... 7th Step: BENCH OR JURY TRIAL. ... 8th Step: SENTENCING.More items...

What is the order of trial in criminal case?

Trial can be divided into four stages: the opening proceeding, examination of evidence, questioning of the defendant, and the closing arguments.

What Questions Should You Ask a Criminal Lawyer?

Most criminal law attorneys don't handle every type of criminal case. There is a large difference between defending a DUI and defending a client charged with murder. It is crucial to hire an attorney who has experience in the charges you are facing.

Why do we need reality checks?

These assessments and reality checks are often essential when a criminal defendant is trying to decide whether or not to accept a prosecutor's plea bargain.

What do criminal lawyers do?

While these activities may seem boring, they are the essential building blocks to making a strong case. Criminal attorneys often spend months preparing for a case.

Why are criminal defense lawyers trained?

Because no criminal case is exactly like another, criminal defense lawyers are trained to pick out the parts of each case that make them unique.

Why do witnesses refuse to give testimony?

Many witnesses, understandably so, refuse to give statements or information to people that were allegedly involved in a crime for fear of their own safety. However, these witnesses are often much more willing to talk to an attorney about their upcoming testimony.

How do criminal defendants represent themselves?

Some criminal defendants seek to represent themselves by researching and reading books. However, reading books that spell out crimes, punishments, and defenses probably won't lead you to victory in your case.

What to expect from a criminal defense lawyer?

What You Can Expect from the Best Criminal Defense Lawyer. If you're looking at prison time or a hefty fine, it's a good idea to look into hiring the best criminal defense lawyer possible. You may have the ability to get a court-appointed lawyer if your income qualifies.

Why Hire An Attorney For Your Case?

An attorney is the best person to consult when charged with a criminal offense. This may be drunk driving, assault, domestic violence, drug cases, and more. The professional has a vast understanding of the law and will offer full representation in court. Moreover, the lawyer will educate you on your rights to prevent violations.

1. Expertise In The Practice Area

The attorney’s experience matters a lot. You expect your attorney to have vast experience and expertise handling criminal cases successfully. Such lawyers are up to date with criminal law and will be more familiar with the proceedings in criminal courts.

2. Clarity

You want an attorney who will defend your best interests. But, you expect your attorney to be confident enough to tell it as it is. This means informing you of the seriousness of the offense and charges that you’re faced with. The attorney should also guide you in all aspects of the case, including the possibility of sentencing.

3. Responsiveness

You want clarity, and you also expect the attorney to be responsive enough to all your issues. The best attorney maintains constant communication. Such an attorney will put together all the facts and keep track of all the proceedings and crucial details. The attorney will also mount a strong defense for better chances of a successful outcome.

4. Active Listening

The attorney will seek to get as much information as possible about your case. They will listen intently to your story and circumstances about your case and any other factors surrounding the incident.

5. Enthusiasm & Confidence

Confidence is a critical characteristic of any attorney. The professional will argue your case out by bringing forth the best arguments in your favor. If the attorney is knowledgeable and confident, they will easily convince the jury, which benefits you immensely.

What to Expect Following Criminal Charges

Understanding what to expect following criminal charges can help you prepare for your case. It can also help you understand when you can expect certain court dates and processes to occur.

Investigation

During the investigation, the appropriate law enforcement agency will compile evidence or details regarding the case. With the possibility of criminal charges, the investigation will often include:

Arrest

If the law enforcement agency or investigator secures enough criminal evidence, then they might make an arrest. An arrest requires probable cause or proof beyond a reasonable doubt.

Charging

Once all of the evidence is compiled, and an arrest is made, the court will begin the process of criminal charging. This process depends on the severity of the charges. For example, felony charges will require that the evidence is presented in front of a grand jury. These are the charges that the individual will defend.

Arraignment

Following the arrest, the individual will be required to appear in front of a judge. This process should occur within 48-hours of being arrested. During an arraignment, defendants have the opportunity to learn more about the charges they are dealing with and what their rights are during the process.

Discovery

The discovery gives both sides the opportunity to learn more about the case. This includes the chance to evaluate evidence that the other side has compiled.

Plea Bargaining

Many cases are settled with a plea bargain. A plea bargain is an agreement between the defendant and the prosecutor to avoid a trial. Trails can be timely and expensive for everyone involved, so the prosecution may offer a reduction in charges in return for a no contest or guilty plea.

What happens if you don't get a plea bargain?

Trial: If you do not reach a favorable plea bargain or you and your lawyer feel confident that a judge or jury would find you not guilty, your case goes to trial.

What is the first time you make a formal appearance in court?

Arraignment: The first time you make a formal appearance in court, you will receive the criminal charges against you. This process is called arraignment. You have the option to enter a plea and can change it later.

When can you be arrested for drunk driving?

Arrest: Whether law enforcement officers have conducted a monthslong investigation of your conduct or they pulled you over spontaneously on suspicion of drunk driving, they can arrest you when they have probable cause. You should exercise your Fifth Amendment right to not speak with the police until you have a lawyer.

Is it worth having an attorney for criminal justice?

Criminal law can prove incredibly complex, so it is worthwhile to have an attorney who can not only defend your rights but also explain the steps of the legal process to you.

What is the Importance of an Arraignment?

The primary purpose of an arraignment is so the defendant can enter their initial plea to the charges against them. Before this, however, the California criminal court has to tell the defendant of the charges against them and their legal rights, including constitutional rights and statutory rights such as armed services and veteran’s rights.

Why Do I Need an Attorney at Arraignment?

You want to hire an attorney before the initial impression. Don’t just leave things to chance.

What happens if you accept a plea agreement?

If you accept the plea agreement, then you will fill out the “Written Plea Admonishment Document.” Once you complete that document, you can either go forward with the plea and sentencing, go forward on the plea but hold off on sentencing, or hold off on both the plea and the sentencing. If your case is un-indicted and you have reached an agreement but sentencing was not completed at the Consultation Setting, then you have to sign a “Waiver of Indictment and Acceptance of Plea Agreement Offer.”

How does a magistrate inform a detective?

The Case is Filed. Once the detective has completed the investigation, he will inform a magistrate through a sworn affidavit the reasons he believes an offense has occurred. The magistrate will review the affidavit to see if there is probable cause to believe that an offense occurred.

What is a plea agreement?

A plea agreement offer is basically the punishment you would get if you pled guilty to the charges rather than taking it to trial. By this setting, your attorney should have reviewed the prosecutor’s files and the plea agreement so he or she will can explain the offer to you.

What is the next setting after an indictment?

After the Initial Appearance, the next setting is called the Consultation Setting. If you have hired an attorney, the Consultation will be scheduled as soon as possible after the return of an indictment. If you have a court-appointed attorney, the Consultation occurs before the indictment is returned.

What is a showing of probable cause in Texas?

A showing of probable cause requires the State of Texas to present such evidence that would lead a reasonably intelligent and prudent person to believe you have committed a crime.

What happens if the state fails to prove probable cause?

If the State fails to prove probable cause, our criminal defense attorneys will request that the court dismiss the charges against you. This process of requesting a probable cause determination is called an examining trial and it is a process you are absolutely entitled to.

What happens after a suspect is arrested?

After the suspect’s arrest, the lead detective will send the case over to the district attorney’s office. Attorneys in the Intake Division will review the cases to determine if the case will be accepted for prosecution. A case is presented when it is filed by an “information” (misdemeanor) or true-billed by a grand jury (felony).

What is Murder in California?

There are three types of Murder charges a person can get in California:

Capital Murder

Capital Murder is the most severe killing crime a person can be convicted of.

First-Degree Murder

First-degree murder is defined as murder that is premeditated, willful, and deliberate.

Second-Degree Murder

Second-degree murder is defined as murder that is not premeditated but still intentional. In other words, an intentional act that wasn’t planned ahead of time. This crime is usually referred to as the heat of passion crime or the heat of the moment crime.

What Happens in a Murder Trial?

In a Murder trial, it is up to the jury to decide which one the Defendant will receive. Therefore, in a Murder trial, there are two phases: The guilt phase and the penalty phase.

What Should I Look for in a Criminal Defense Attorney for a Murder Case?

If you or a loved one is facing murder charges, it is critical that you find an experienced and knowledgeable criminal defense attorney who can protect your rights and give you the best chance at a favorable outcome.

When Does Arraignment Occur?

Arraignment must occur within a reasonable time after arrest. An unreasonable delay violates the defendant's federal constitutional Sixth Amendment right to a speedy trial. If a criminal complaint, information, or indictment is issued and the prosecutor's office or the court does not schedule the case for arraignment until months or years later, the defendant's attorney can ask that the case be dismissed because of the delay. The judge must review the circumstances of the delay and determine whether the delay was unreasonable.

Can a Defendant Waive Arraignment?

Criminal defendants usually have the option to waive arraignment, especially if a defendant has an attorney. Defense counsel can facilitate this process by communicating with the prosecutor and the court and submitting a waiver of arraignment in writing. In some cases, the attorneys work out an agreement as to the conditions of release and submit it to the court with documents waiving arraignment. In other cases, the court allows the defendant to waive arraignment and schedules a separate hearing on conditions of release.

What happens if a defendant pleads guilty to a crime?

Guilty. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment. The prosecutor and defense attorney may negotiate the guilty plea and agree on a sentence during the arraignment. If the case is more serious, the judge probably will set a sentencing hearing and request a presentence report.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What does "no contest" mean?

No contest ("nolo contendere"). If a defendant pleads no contest, he acknowledges that the prosecutor has enough evidence to prove he committed a crime but does not admit guilt – in other words, that he did it. When a defendant enters this plea at arraignment, the court proceeds in the same way it would proceed if the defendant pleaded guilty.

What is a court arraignment?

An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him and asked to enter a plea to the charges. In many states, the court may also decide at arraignment whether the defendant will be released pending trial.

What does the court consider when deciding whether to release a defendant?

In deciding whether to release the defendant pending completion of the case, courts primarily consider: whether the defendant is a danger to the community. the defendant's criminal record. the defendant's ties to the community (how long he has lived in the community and whether he has family nearby)

What to expect from a criminal defense lawyer?

Your criminal defense attorney will likely have experience with the local courts and be able to advise you accordingly. Don’t be afraid to ask your lawyer any questions you may have during the process of working with them.

What to do if you are found guilty of a crime?

If you’re found guilty, your attorney may be able to help you avoid criminal prosecution again in the future. For example, they might suggest that you take a shorter prison sentence with drug treatment in place of a longer prison sentence. This would potentially serve you much better and help you fix the root cause of the issue at hand.

What is a plea bargain?

Plea bargains are an agreement between the defendant and prosecutor, in which the defendant pleads guilty to receive a lesser sentence. Plea bargains are a way to establish mutual agreement of the strengths and weaknesses of your case. However, you’ll likely need an attorney to achieve this as prosecutors don’t tend to negotiate with defendants who don’t have an attorney.

Why do you need a criminal defense attorney?

One of the benefits of hiring a criminal defense attorney is their ability to simplify “legalese.” It’s no secret that the law is complex, hard to understand, and changes all the time. Many of the rules relevant to your case will be buried within laws and regulations. If you represent yourself for your case, you may miss some important details that could make all the difference for you.

Can a lawyer gather information from a witness?

Your lawyer may suggest that you gather information or statements from witnesses for your case. However, many witnesses don’t feel comfortable providing information to people who were supposedly involved with criminal activity. It’s best that you have an attorney working with you to handle this as most will be more willing to speak with an attorney about their testimony.

What to Expect Following Criminal Charges

Investigation

• During the investigation, the appropriate law enforcement agency will compile evidence or details regarding the case. With the possibility of criminal charges, the investigation will often include: 1. DNA or blood samples 2. Evaluating video or photograph evidence 3. Talking with witnesses 4. Collecting physical evidence from the scene of the crime...

See more on zegaslaw.com

Arrest

Charging

Arraignment

Discovery

Plea Bargaining

Preliminary Hearing

Trail

Sentencing