Court Procedure

What Happens If I Am Arrested?

THE COURT PROCEDURE:

When charged with a crime, people often do not know what to expect. Whether it is your first arrest, or your fourth, navigating the Criminal Justice System rarely becomes easier with practice.

The following is a handy guide explaining step by step the court procedures you will face for a felony or a misdemeanor.

1. Arrest: An arrest can occur quite suddenly without any explanation. When arrested there are several important things to remember.

Under no circumstances should you resist or attempt to flee the police. This will only result in more significant charges.

Upon arrest do not attempt to make your case or insist upon your innocence. In fact, you should say nothing.

If questioned, insist on the presence of a lawyer. Whatever you say will be used against you. You may think you have a chance to talk your way out of it, but the police officer has already made up his mind.

2. Booking: After arrest you will be transported to a police station where you will “booked.”

At this point a police officer will record your personal information and take your fingerprints, photograph and confiscate your personal items (keys, cell phone, etc.)

For a minor charge, i.e. a misdemeanor or violation, you will usually be released after posting bail or if you are lucky, on ROR, (your personal promise to appear in court.).

If arrested for a felony, you will have to appear in front of a judge, usually within 24 hours. Unless the charge is very serious, you can usually secure your release on bail. In determining the amount of bail, a judge will consider:

• The seriousness of the crime with which you are charged.
• Your criminal history.
• Your personal life such as ties to the community, job, family.
• The potential danger you may pose to the community if released.

3. Arraignment: This is the first proceeding in which the actual court case begins. You will appear before a judge, either with your criminal attorney or without. If without, the judge will determine:

• Whether you intend to hire an attorney if you do not yet have one.
  
• How you wish to plead: guilty or not guilty.
  
• Whether a money bail should be set or your release on ROR.
  
• Future court dates you must attend.

Remember any person charged with a crime has a right to be represented by an attorney. If unable to afford one, the court will appoint one at no cost. This is not advisable. Although there are many fine attorneys who work with the courts, these lawyers are generally overworked, underpaid and cannot provide your case with the time and attention it needs. A private, experienced criminal defense attorney can.

4. Negotiations & Plea Bargaining: The vast majority of cases are resolved by some form of plea bargain. In a plea bargain, a defendant will agree to plead to a lesser charge in exchange for a lighter sentence or the dismissal of the more serious charges.

The deal you are offered can vary depending on the person involved and facts of each case. However, there can be no doubt that with an experienced, skilled lawyer and negotiator on your side, the plea bargain achieved will be most favorable.

5. Pre-Trial Motions: Prior to trial various motions will be made to put a defendant’s case in the best possible light for trial. Such motions seek to suppress illegally obtained evidence, exclude witnesses, suppress any incriminating statements and obtain pre-trial discover.

Pre-trial motions can truly shape the make-up of a trial which can be won or lost at this stage. Once again, with an experienced criminal defense attorney at your side, you will give yourself the best opportunity to succeed at trial.

6. Trial: Although usually a last resort if all attempts to plea bargain fail, a trial affords the best opportunity to achieve the best possible outcome in your case: A VERDICT OF NOT GUILTY.

Depending upon the particular facts of each case and the nature of the charges, a defendant has the right to request a jury or non-jury trial.

Working with an experienced criminal attorney who presents your case in a manner you will be more than satisfied with should be the objective of every trial.

For such an experienced skilled attorney to handle the defense of your criminal case, contact my office to schedule a FREE, initial consultation.