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Understanding the Criminal Court System after an Arrest
After someone you care about has been arrested, it is important that you work to understand the criminal court system as much as possible. This is because the system is complex, and can be confusing. If you don’t know what’s going on during each step, it can be frustrating, and possibly even damaging to your friend’s criminal case. In today’s blog post, we’ll look at the criminal court system, so you have a better understanding of how it all works.
First Steps: The Arrest and Criminal Charges
The first thing that happens to begin the criminal court system process is the arrest. A person will be arrested either at the scene of a crime, or after the police have investigated a reported crime. After booking, criminal charges will be filed against the defendant.
Court Hearings: Appearance and Preliminary Hearings
Once formal charges have been filed, the arrested person (defendant), will appear in court and be formally advised of the charges they are facing, as well as their rights as a defendant. Bail will also be set, and the court will either appoint a public defender, or advise the defendant of their right to an attorney. The next step is the preliminary hearing and arraignment. The purpose of the preliminary hearing is for the judge to hear all the eveidence to determine if formal charges will be field. The arraignment is next, where the defendant either pleads guilty, or not guilty. If they plead not guilty, a trial will be set.
The Trial: A Look at the Process
Most people don’t know this, but most cases are settled without going to trial. Instead, plea agreements are decided on. A plea agreement is where a defendant agrees to plead guilty to lesser charges in order to receive a less harsh sentence. If a satisfactory plea agreement cannot be met by the defendant the prosecution, then they will proceed to trial. There are judge trials (where a judge alone hears the evidence), or jury trials (where a jury hears the evidence). Both the prosecution and the defense will present their evidence, and either the judge or jury will determine a not guilty or guilty verdict.
Determining the Sentence: Sentencing
After the trial is complete, the judge will determine a sentence at the sentencing hearing. There are many different factors that are considered during sentencing. It is wise to work with a lawyer if your friend’s case has serious possible outcomes.
Probation or Parole Options
There are many different sentencing options. One option is for the judge to sentence the defendant to probation, instead of incarceration. When a person is sentenced to probation, they will be under close supervision, and must abide by very strict rules. When a person is sentenced to incarceration, they will either be sent to jail, or to prison, depending on the severity of their offense. If eligible, they may be let out early under parole – which is also very close supervision.
Call 1st Choice Bail Bonds for Answers to Your Questions
As you can see, the criminal court system is complex. It can be confusing if you are encountering it for the first time with a friend. In some cases, hiring a lawyer can be extremely helpful. If you have questions, don’t hesitate to call an experienced bail agent at 1st Choice Bail Bonds to learn the best way to get your friend released!