A Brief Outline Of The Criminal Procedure That Awaits A Person Slapped With Criminal Charges

When you are facing criminal charges, there is enough reason to get worried because of the complexities of the laws and legal process that can often leave you confused. A better way of addressing the issue is to leave it to the expert lawyer of the Edmond Brown Law Firm who has an impressive track record as a criminal defense lawyer.  When you find yourself at the receiving end then too you have ample scope of protecting your rights. Having knowledge about the process that follows should give you enough confidence to fight for justice. You can take the first step by appointing a criminal defense lawyer to represent your case.

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The arrest follows the charges

After charging a person with a crime, the stage is set for the arrest of the accused. A judge issues an arrest warrant and a police officer tries to locate the person mentioned in the warrant. On reaching out to the person, the police might provide a copy of the arrest warrant to the person before arresting him. This enables the person to know about the charges framed against him or her. It is not mandatory for the police to provide a copy of the arrest warrant during the arrest but must provide it to the person arrested within a reasonable time.

Booked by the police

The next step after arrest is to take the person to the police department for complying with the procedural requirements like taking fingerprints etc. This phase in common parlance known as being ‘booked’ by the police is the time that the arrested person spends in police custody pending a court hearing that must take place within 48 hours.

While in police custody, the person has the right to talk to an attorney and the police shall make the necessary arrangement for it. Before the initial court hearing, the person must get at least one opportunity to meet with the attorney.

Court hearing

The arrested person or defendant hears about the charges in the court when the judge reads it aloud. If the person has not yet received the arrest warrant, it is the first time that the defendant comes to know about the charges against him or her.   The judge will try to make it sure that the defendant understands the charges. The defendant then gets a chance to enter into a plea of ‘no contest,’ of ‘not guilty,’ or of ‘guilty.’  If the defendant is confident that there is not enough evidence to prove the guilt, then despite being guilty, the defendant can plead not guilty. It then leads to a trial where the government must prove the guilt beyond a reasonable doubt by taking into account the evidence and the circumstances.

Considering the evidence presented by both sides, the jury decides if the defendant is not guilty or guilty. The defendant may waive the jury trial and leave it to a single judge to decide on it. Before sentencing, the defendant undergoes evaluation, and then the judge passes the order for sentencing.

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