When accused of a crime, it is as though it was your life is turned inside out. You can ask many questions, and not very many clear answers. This is an informative guide on what normally follows when dealing with a criminal case, expressed in plain language and a step-by-step manner.
After you’re charged, the next steps can move fast—release conditions, early hearings, and strict deadlines. If your case is in Oklahoma City, an Oklahoma City defense attorney may be involved in explaining what each court date means and how the case could proceed. The sections below break down the typical stages in simple terms, since the overall process is similar in many U.S. courts even though local rules differ.
An arrest and a charge are two different things, as people tend to say I got arrested.
In other cases, an individual is arrested and charged on the same day. It may happen that other times you receive in the mail, you are being notified of a summons and go to a court without any arrest at all. Even weeks or months following an incident, the charges may be brought about following an investigation.
A charge will usually list:
Although the charge may seem unjust or overblown, it is important to approach it as a legal issue that needs to be taken seriously from the very beginning. The earlier you do something, the later you may do something.
When your case begins with an arrest, it is possible to pass through a process such as booking. It is in this place that simple records are made and kept. Booking often includes:
At this point, it is alleged that people may think that the system will soon take it all into consideration. As a matter of fact, the system operates on documents, timelines, and documentation. The records developed immediately after an arrest may influence the course of the case to come, such as the words that a prosecutor will see, the words that a judge will hear, and the words that a judge may place as a condition of release.
In case of any paperwork, citation, or bond documents, or release conditions are provided to you, keep them. Make copies. Record the dates and times when they are fresh.
Once charged, a majority of defendants are taken through an initial hearing. What is referred to as a hearing by the courts serves a similar purpose to verify your identity, inform you of the charges against you, and review the terms of release.
At this point, the judge may:
This hearing is normally brief. It is not the hour when the big picture is revealed or established. Imagine it is the case of getting on the tracks.
The most common question is raised by many of them: Will I be able to go home? The solution is usually hinged on bail or bond. Bail Money (or a financial promise) is taken to ensure that you come back to the court.
Conditional release may be granted even with bail. These requirements may be strict. Common examples include:
Breaking the terms in the bond is quick to form more issues. In other instances, violation may result in carrying of arrest, increased bail, or even a second charge. Before you end up breaking something, ask because you do not understand it.
The arraignment is a key step. This is normally the hearing where you plead to the charge(s). Common pleas include:
A great deal of defendants plead not guilty during arraignment, just because they believe that a resolution can occur later. The reason behind this is that by a plea of not guilty, one is leaving the door open as evidence is being considered and legal matters are being established. Even after arraignment, a subsequent plea bargain, dismissal, or trial determination may still occur.
Moreover, the arraignment is usually the time when the court has deadlines, and the subsequent hearings are scheduled. Those dates matter. Loss of court may result in a warrant.
Once the case is arraigned, it normally goes into a phase where each side gathers and examines information.
That is where the aspect of discovery is introduced. Discovery is the process of exchanging evidence and information. What is considered to be a discovery is subject to local rules, but it can consist of:
Discovery is usually subject to change. New evidence can appear. Witnesses are allowed to revise statements. Videos can surface late. This is the reason why premature assumptions are dangerous.
And even if your case is about technology (texts, social media, location history), then such information can be evidence as well. One message is not understood in its context.
Much significant work precedes any trial. Pretrial motions are requests in which a court is requested to make legal decisions. Such movements can predefine what evidence is to be admitted and what may be heard by the jury (in case of a jury).
Examples of questions brought up in motions encompass:
This phase usually determines the bargaining in a case. In case some important evidence is omitted, the case can become weak. In case the evidence remains in, the side of the prosecution might gain greater strength. In any case, this is where strategy comes in.
The majority of criminal cases are not concluded by a trial. A large number are brought to a negotiated end. It could be a request for a lesser charge, a recommendation, or even a risk-reduction deal.
Some courts may provide alternatives,, of depending on the charge and the background of the person:
Such programs do not work automatically, and the eligibility regulations differ. Some are only offered early. Others have to be strictly followed. Missing a lesson or failing a test, or a new charge, may fail a program and the reinstatement of the case with even more severe penalties.
A negotiated result is not merely a matter of getting it out of the way. It can affect:
Since these side effects may take a longer period than the court case, individuals ought to think of the long-term effects, not the next court appearance.
In case the case is not solved by dismissal or an agreement, it can be tried in a court. Trials may be stressful and time-consuming, yet the knowledge of the fundamentals of the structure assists.
A basic criminal trial can incorporate:
The prosecution normally has to show that a person is guilty beyond a reasonable doubt. It is a high standard, but not without any doubt. This is the reason why evidence details such as timelines, credibility, recordings, and procedures are so important.
In case you testify, you may be interrogated. Failure to testify has the effect that the judge normally orders the jury not to take such against you, yet juries are not machines. The choice of a trial strategy is grave and must be made cautiously.
When an individual pleads guilty or he/she is found guilty, the case proceeds to sentencing. Sentencing may be immediate or in the future. The court may review:
Potential consequences can be:
Even probation may be challenging. Probation may have very rigid regulations regarding reporting, testing, traveling, and contact with some individuals. Breach may result in re-hearings and fines.
Even after a sentence, the case might not be over, such as an appeal or subsequent relief of the record (where available). But those actions also have deadlines, and they are also very short.
Feeling powerless in the legal process, it may seem that you are under arrest. Nevertheless, it is possible to take certain measures that will help to decrease risk and to save your position.
The following are steps that tend to be practical:
These are not steps on how to game the system. They are the avoidance of preventable errors and ensuring that the situation you are in does not deteriorate pending the case.
Once you are accused of a crime, you tend to go through familiar steps: initial hearings, release on bail, the arraignment, the study of evidence, the motion practice, the negotiation process, and, in some cases, the trial and sentencing. The best lesson is that a criminal case can be developed by details, namely, documents, deadlines, and evidence, rather than assumptions as to what ought to occur.
Although each case is unique, knowing the direction you are going can reduce stress and help you make better decisions to be safer. Be on time in court, pay attention to conditions, and concentrate on the activities that keep your future safe as the legal procedure is still held.
