Terani Law Firm Can Help You At Any Step of the Criminal Process
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Our criminal defense law firm understands that being charged with a crime can
be a very devastating situation. We also are aware that most people have no idea
as to what to expect after being arrested. To help solve any confusion that you
may have, we have provided you with the following information to serve as general
description of the criminal process. It is extremely helpful to have a criminal
lawyer present at each of the following court hearings so that we may defend your
rights and aggressively ensure that your freedom is not taken away from you unfairly.
Our criminal defense team is available to you 24 hours a day, 7 days a week to
answer any questions that you may have so please do not hesitate to contact us
should you have any questions.
1. Commission of the Alleged Crime
A group or an individual commits an act that violates the law.
Law Enforcement is contacted.
2. Pre-Arrest Investigation
Law Enforcement conducts an investigation to gather information and help
determine a possible suspect.
Law Enforcement will gather physical evidence and conduct witness interviews.
THIS IS THE TIME FOR OUR CRIMINAL ATTORNEYS TO GET INVOLVED! If you have
not been charged with a crime yet, but are being investigated, our criminal
law firm can help you shut down police investigations and avoid jail! Please
visit our Pre-file page for more information on the investigation process.
3. Arrest
After Police have discovered probable cause, they will take the suspect into
custody.
Probable Cause is defined as a "reasonable belief that a given suspect
may have committed the crime".
Miranda Rights ("You have the right to remain silent, anything you say
will be held against you in a court of law...") do not need to be read
at the time of arrest. Miranda Rights are only required to be read before a
custodial interrogation is conducted. If you feel your constitutional rights
have been violated, please contact our criminal law firm for help.
4. Booking
Suspect is taken to a police station and asked a series of routine questions,
such as name and address.
5. Post-Arrest Investigation
The investigation conducted before charges have officially been filed.
Similar to the Pre-Arrest Investigation, but the focus is primarily on
building a strong criminal court case instead of just getting enough evidence
to make an arrest.
It is not too late for our criminal defense attorneys to get involved at
this phase and conduct a pre-file defense on your behalf. It is crucial to act
swiftly and contact our criminal lawyers so that we may minimize any damage
that may be done.
6. Making the Decision to File Charges
The only person who can file a charge is a District Attorney. The police
may not file charges, nor may an individual or an alleged "victim".
An individual also may not drop charges. It is solely the decision of the prosecutor.
Although pressing charges is not the discretion of the alleged victim, we may
be able to use their desire to persuade the District Attorney to come to an
informal resolution outside of the criminal court.
The main factor considered when deciding to charge, is if there is enough
evidence to secure a conviction.
7. Filing the Complaint
The prosecutor files a document with the criminal court, charging the individual
with the crime. Whether you are charged with a misdemeanor such as driving under
the influence, drug possession or petty theft, or charged with a felony such
as vehicular manslaughter, drug sales or grand theft, the criminal process virtually
remains the same.
8. Magistrate (Judge) Review of the Complaint
The judge reviews the criminal complaint in order to determine if the arresting
officer had a good reason to arrest the suspect and charge him/her with a crime.
9. First Court Appearance
Within approximately 72 hours of the arrest, the alleged criminal is
taken in front of the judge. The judge will read the charges and also read him
his rights. Bail will be set based on how serious the offense is and how likely
the alleged criminal is to flee the area. Bail can be set at $0. If the alleged
criminal doesn't show up for court, a warrant will be issued.
It is crucial to have a criminal lawyer present at this hearing as there
are many arguments that can be made on your behalf. Our criminal lawyer will
argue for O.R. which is a request to have you released on your "Own Recognizance"
without having to pay any bail. We may also argue for a reduction in bail based
on your good character and prior criminal history.
In juvenile crime cases, the first court appearance is called a "detention
hearing." There is no bail to be set in juvenile cases. The judge will
determine whether or not the child should be released into the custody of the
legal guardian/parents. Again, it is crucial for a criminal attorney to be present
at the detention hearing in order to argue for the child's release. For more
information on the arraignment or detention hearing please contact our criminal
law firm any time.
10a. Preliminary Hearing (Felony Cases Only)
The purpose of this hearing is to determine whether the evidence is sufficient
to continue with prosecuting the alleged criminal in a felony case.
10b. Grand Jury Review
A panel of private citizens, instead of a judge, reviews the evidence to
determine if it is sufficient to continue prosecuting the alleged criminal in
a felony case.
11. Filing the Indictment
Prosecutor files charges with the trial court.
12. Arraignment
Alleged criminal is taken before the court and informed of the exact charges
against him. Client pleads guilty, not guilty, or no contest.
13. Pre-Trial Procedures
Motions are filed by the criminal defense attorney and District Attorney
to expedite the trial, show each other the evidence they plan to use, etc.
14. Trial
Each side is given the opportunity to make an opening statement, question
witnesses, cross examine opposing witnesses, and make a closing argument. The
jury will decide guilt or innocence.
15. Sentencing
A hearing for the judge to determine the punishment of the guilty person.
16. Appeals
The ability for the convicted person to make sure the trial court did not
make any legal mistakes.
17. Expunge Record
Some convicted people may remove the conviction from their record if they
meet certain requirements.
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