Partner with and Experienced Immigration Attorney at the Law Office of Elizabeth Anu Lawrence
If you come into contact with someone from Immigration and Customs Enforcement (ICE) and you need legal assistance from an accredited attorney, choose the Law Office of Elizabeth Anu Lawrence to provide you with the legal help that you need and deserve. Please give us a call at 443.352.3201. In person and online consultation are both available to clients.
Process When Charged with a Criminal Offense
When charged with a felony or misdemeanor it is important to know how to navigate the legal system. In this blog, we will be breaking down the process of what you could go through when charged with a criminal offense to allow you to understand what is going on.
- Arrest: Criminal Prosecution typically starts when an arrest is made. An arrest may be made if there is probable cause to believe a crime has been committed, an officer observes a crime being committed, or if there is a valid arrest warrant for a person. After a person is arrested, for a minor offense a citation might be issued or for a major offense, the police take the person into custody.
- Arraignment: When a suspect is in custody, they will make their first court appearance during the arraignment. During the arraignment, a judge will read the charges against the person or defendant, and they will choose how they plead, either guilty or not guilty. There is a presumption of innocence, or every person is assumed innocent until proven guilty. Additionally, a judge will review bail, or the release conditions before trial along with setting future hearings.
- Preliminary Hearing: This is used to establish evidence against the defendant and determine whether or not the evidence is enough to proceed to a trial. If there is not enough probable cause to go forward with the charges, a defendant will not be forced to stand trial. Witnesses and arguments will be examined or in some cases a grand jury will hear evidence and decide whether to indict the defendant.
- Pre-Trial Motions and Discovery: During this time, the prosecution and defense will make formal requests to a judge before the trial begins. This could include procedural matters or clarify any legal issues present. This will help resolve any final issues before the trial. During discovery, the prosecution and defense will exchange relevant evidence to prepare for the trial
- Trial: This is when either a judge or jury will determine whether the defendant is guilty or not guilty. The prosecution has the burden of proof and during this they must prove beyond a reasonable doubt that the defendant committed the crime that they are charged with. The trial includes the picking of a jury, opening statements, presentation of evidence from both sides, closing statements, rebuttal from the prosecution, and a unanimous verdict of guilty or not guilty.
- Sentencing: This happens if the defendant is found guilty. This is when the court will determine an appropriate sentence for the defendant. The court can take into consideration certain factors such as the severity of the crime, criminal history and personal circumstances.
- Appeal: An individual convicted of the crime may ask for their case to be reviewed by a higher court to whether the original court erred in judgment or during the case. If granted, the court makes a ruling that the case should be re-tried or reverse the conviction.
Partner with an Experienced Criminal Defense Attorney at the Law Office of Elizabeth Anu Lawrence.
If you have been charged with a criminal offense and are looking for an accredited attorney for representation, choose the Law Office of Elizabeth Anu Lawrence to provide you with the legal help you need and deserve. Please give us a call at 443.352.3201. In person and online consultations are both available to clients.