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The 5 Stages of Criminal Trial

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The 5 Stages of Criminal Trial

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The truth is that not all criminal cases go before the court. Yet being ready for all of it as much as possible does give you a great chance in your case with a positive result. First, you need to learn about the stages of a criminal trial to begin with the criminal trial process. Additionally, to have representation through an experienced and qualified criminal defense lawyer is also necessary. Without a knowledgeable expert, it is hard for you to get a favorable result. Preparation is good and to be prepared for all that awaits the 5 basic steps of a criminal trial. As soon as you are arrested, the process of resolving the criminal starts and ends with a sentence.

The 5 stages of a criminal trial re listed below.

Step 1: Arrest

When a person is arrested for a crime, a case begins to be developed which eventually becomes a criminal case. Three categories of crime, misdemeanors, citations and felony, make up the main types of crime. Those arrested for misdemeanors and citations usually have to pay only fines. And on the other hand, people that have been arrested for felony crimes are arrested, tried, and the first part of their time in jail.

Step 2: Bail

This is the temporary release to the individual accused of the crime by putting him under the court’s responsibility of paying the amount of money fixed as per the court. Once the person is arrested, the defendant is bailed. Do not just think that once someone has accused you of a crime, you will automatically get bailed in. After having the bail settled, the defendant is released from jail under some conditions. A criminal has the Bail process and conditions that depend on the type of crime committed, the criminal history etc. The defendant must write the bail to make the court on the trial dates.

Step 3: Arraignment

The defendant’s first court appearance is bail date set by the court. It is an arraignment. Instant arraignment follows such an accusation.

Following are the main points of the arraignment:

  • It is the defendant that gets a written accusation which has all the charges against him.
  • When the defendant responds to the charges of concerned people, the defendant pleads guilty, not guilty, or no contest.
  • Bail matters are taken by the judge with due consideration of the same.
  • This function of the judge is to decide preliminary hearing, court dates, pretrial conference, trial. But if you still do not have an experienced criminal defense attorney on the payroll when arraignment happens, now is the time when it should be.

Step 4: Preliminary Hearing

Preliminary hearing is meant to determine whether the probable crime has indeed been committed by the person. The case is dismissed if the sentence lacks evidence against the defendant. However, if the ‘probable cause’ is present the case goes to trial. Preliminary hearing is used by a criminal defense attorney to get additional information to work with in the case.

The three most common outcomes during preliminary hearing are:

  • If the defendant goes to the trial, the judge says that he has to attend the proceedings.
  • The judge decides to change the charges to a lesser required offense.
  • The judge decides to discharge the case altogether.

Step 5: Pre-Trial Conference

In a plea bargain, the incident happens before the trial where the judge along with your criminal defense attorney, prosecutor meet to discuss the chances of the plea bargain. Depending on the criminal record of the defendant and the penalty of the crime, your defense attorney and the prosecution will have an opinion on what is fair on the case. As for hiring an experienced criminal defense attorney, he will be making a mitigation package which will consist of letters from friends, and family members along with reputable community leaders. The personal situation of the defendant is reflected in convincing the prosecution to the defendant’s plea bargain that is suitable to the defendant. The defendant then accepts or denies the plea bargain.

So, focus on these steps & understand the process of criminal trial before making any step…