What is the procedure for a criminal trial?

Knowing how criminal trials operate

One of the first things you might wonder, regardless of whether you are charged with a misdemeanor or a felony, is "What can I expect from the criminal trial process? The criminal trial process can be frightening and perplexing for many people. If you are accused of a crime, it is beneficial to have a solid understanding of the criminal trial procedure so that you can get ready for what is ahead. The common elements of a criminal trial will be reviewed in the following. It is a good idea to seek the advice of an accomplished criminal defense lawyer if you are facing charges.

Arrest

When a law enforcement official has probable reason to support an arrest warrant or witnesses someone committing a crime, an arrest is made. Following an arrest, the person will be placed under arrest by the police. The next step is for the person to appear before a judge, which usually happens 24 hours after the arrest.

First Observation

When someone makes their first appearance before a judge, it's called an initial appearance. A judge will read the charges against the defendant and go over some of their fundamental rights during this meeting. Whether the person should stay in jail or be released on bond will be determined by the judge. A preliminary hearing will be scheduled by the judge during the initial appearance.

Preliminary Hearing

A judge will decide whether there is reasonable cause to believe that a person committed the alleged offense during a preliminary hearing. Any witnesses the prosecution calls will also be subjected to a cross-examination by a criminal defense lawyer. A grand jury may occasionally be called by the prosecution to demonstrate that there is enough probable cause.

Arraignment

The arraignment process involves an individual’s decision to plead either guilty, not guilty, no contest, or another special type of response like an Alford plea. During the arraignment process, the judge will review the bail amount and set the next court date.

Trial

If a person decides to plead not guilty, the case will proceed to trial. The trial will occur in front of a judge and/or jury. At trial, you have the constitutional right to decide if you want to testify. The prosecution will also present witnesses as well as introduce evidence that shows you committed the offense in question. Your criminal defense attorney will respond by challenging the testimony and evidence presented by the prosecution. At the conclusion of a trial, a judge or jury will reevaluate the evidence and decide whether the prosecution established that you satisfied each element of the charged offense.

Sentencing

Within 30 days of pleading guilty or being found guilty, a judge in a court of law will conduct a sentencing hearing. The judge during this time will determine the punishment that the convicted individual will face.