The Criminal Procedure is the process that the court system follows as a criminal case makes the journey toward a trial. Your Golden Valley criminal lawyer will work with you through the entire process, which is why it is important for you to contact your attorney as soon as you are arrested and before you say a single word to authorities that could be used to incriminate you during the Criminal Procedure.
You are due Due Process so that you are protected during the entire process. This process starts with the arrest, which is merely a reasonable suspicion that you were the one to commit the crime. This arrest can be made with or without a warrant and you can be taken into custody and kept in jail or you can be let out on bail. However, you have to be booked first and this means information about you will be entered into the police blotter, such as your fingerprints and a mug shot.
The law enforcement officer who arrested you files a complaint against you and this complaint is transmitted to the prosecutor who then builds the case against you if they decide there is sufficient evidence to move forward. Sometimes, there is not enough evidence for a complaint to be filed against you at the state level or an indictment at the federal level.
The first hearing is the bail hearing and you will need your Golden Valley criminal defense attorney to be there. This hearing will weigh any factors in your life, such as family and ties to the community to establish whether or not bail should be granted. Risk of flight and harm to others is also considered. If bail is granted and you or a family member can afford it, you can get out of jail.
Your first appearance is your arraignment where you are informed of your rights and given the opportunity to apply for a public defender if you do not already have your attorney. However, you can have your attorney with you from the very start. It is at this hearing you will enter your plea.
The pretrial hearing then takes place and it is possible to challenge the probable cause that exists in the case and request that the judge dismiss the charges. The court can make this decision without live testimony, but people can testify and the police reports will be considered. If the case is not dismissed, it moves on to trial. However, pre-trial motions are made first and these motions include such acts as limiting or excluding evidence or testimony.
At the trial, a jury decides your fate. They will determine whether you are innocent or guilty based upon evidence presented, the arguments made by the defense attorney and the prosecutor, as well as live testimony. If found guilty, the next step is sentencing by the judge. If found innocent, the case is over.
Contact A Golden Valley Criminal Lawyer
When you or a loved one has been accused of a crime, the time is a confusing one and an uncertain one. Don’t go about the process on your own. Instead, employ the services of an experienced and competent attorney ready to create a solid strategy for you. Call 612-333-8001 to schedule your free initial consultation.