Being arrested can be one of the most terrifying experiences of your life, especially when you are unfamiliar with the process. Make sure you know what to do when charged with a serious crime with this overview on the various stages of the judicial process.
Arrest and Booking Once you have been arrested and charged with a crime, you will undergo the booking process. This will include providing information regarding your name and date of birth, information about the alleged crime, providing fingerprints, being photographed, and being physically searched before you are placed in a holding cell.
Bail and Arraignment You will be notified of your bail amount shortly after being arrested. In the event that you cannot afford bail you will be required to remain in police custody until your arraignment, or the initial hearing in which you are called before a criminal judge and asked to plead guilty, not guilty, or no contest. This is typically when you will meet with your criminal defense lawyer to discuss your case.
Pretrial Hearings and Motions The next stage in the judicial process is the pretrial hearing. During this time the judge will listen to the arguments from both the prosecutor and your attorney in order to determine if your case is strong enough to require a trial.
Trial and Sentencing The trial itself will contain several steps. Fortunately, your criminal defense lawyer will help you along every step of the way. After the evidence has been presented and the sentencing options have been explored, a jury of your peers will make the final determination regarding the severity of your punishments.
Appeals In the event your criminal lawyer is unable to have the case dropped or reduced to a lesser charge, he will help you initiate the appeals process in which you appeal to the higher court asking them to review your case. If you were not given a fair initial trial, your lawyer will see to it that the verdict is appealed.
When you’ve been arrested, you’ll want to have the support of an experienced legal team. Let the criminal defense lawyers at Hinkle, Jachimowicz, Pointer & Emanuel Law protect your rights by calling our San Jose office at (408) 916-1413. Call us today to schedule your free initial consultation.