Criminal Defense pROCESS
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Arraignment
- First step in the process;
- Official notification to Defendant of charges and possible punishment against him or her;
- Defendant enters plea of guilty, not guilty or no contest;
- If charged with a misdemeanor, the court will set your next appearance for Trial or Pre-Trial;
- If charged with a felony, the court will schedule your matter for preliminary hearing;
- The court will establish bond; and
- If entered guilty plea to misdemeanor, sentencing may occur.
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Pre-Trial Conference
This is a meeting between the Prosecution and the Defense. This provides the opportunity to discuss the strengths and weaknesses of each other’s case, plea bargain possibilities and discovery issues.
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Preliminary Hearing (Felonies Only)
This is a hearing where a Judge decides if there is enough evidence to bind a case over to the Grand Jury. It is a low burden of proof as the State must only show that there is probable cause to believe a crime was committed and that the Defendant is the one who committed it.
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Grand Jury (If Felony Bound Over)
Secret Proceeding where a body of twelve citizens decide whether or not someone should be indicted and for what charges.
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Plea Bargaining
Plea bargains are a way to avoid a more serious conviction by pleading to a lighter one. Some Judges and Prosecutors are more inclined to plea bargain than others.
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Trial
This is the fact finding phase of a case and it may be a bench trial (to the Judge) or a jury trial. Defendants are entitled to a trial by jury for all misdemeanor or felony charges. The burden of proof lies with the Prosecution to prove a Defendant’s guilt beyond a reasonable doubt.