Criminal procedure refers to the legal process of adjudicating claims for a person who is accused of violating criminal laws. The foundation of all criminal procedures is known as the “presumption of innocence,” which means that a suspect is considered to be innocent until they are proven guilty.
The burden of proof is on the state prosecution to prove, beyond a reasonable doubt, that the defendant actually committed the crime. Additionally, criminal procedures include a variety of Constitutional protections for the defendant, which prevent abuses of the justice system.
Some of these protections include:
Criminal procedure can be best described as a timeline, beginning with the apprehension of the suspect and ending with the final verdict or appeal. However, procedural guidelines also govern other after-measures, such as probation or parole.
What Happens After An Arrest Is Made?
After arrest, but prior to going to trial, a criminal case may go through the following criminal procedure steps:
- Filing Charges: The prosecutor decides whether to file charges against the defendant. In some states, if the defendant is charged with a felony, the prosecutor must present their case to a grand jury;
- Arraignment, Or First Appearance: This is when the defendant is formally charged, and is informed of the charges against them as well as their constitutional rights. This is also the part of the process in which bail is set and the defendant enters a plea, both of which will be further discussed below;
- Plea Bargaining: Most criminal cases end at this stage, when the prosecution and the defense make an agreement that the defendant will plead guilty or no contest. This is in exchange for charges being dropped or reduced, and/or recommending a reduced sentence to the judge. Additionally, the defense attorney may attempt to have the prosecution drop the case altogether, which is largely dependent upon the evidence that has been gathered by that point;
- Motion Practice: Before the case actually goes to trial, lawyers can make various pretrial motions which are further explained below. Some common examples are a motion to suppress evidence, motion for a change of venue, or motion to withdraw a guilty plea. The presiding judge will settle these issues before the trial begins;
- Preliminary Hearing: Some states have this proceeding if the judge determines that there is probable cause to conclude that a crime was committed, and the defendant was the perpetrator. If probable cause is established, then the two sides can either return to negotiating a plea bargain, or proceed towards trial; and
- Pretrial Conference: The two parties will meet to discuss evidence issues prior to going to trial. Some examples of evidence issues that are commonly discussed include admissibility, identifying witnesses, and identifying non-disputed facts.
What Is Bail?
The term bail refers to a set of terms or restrictions that are set by the court, and that allow a criminal defendant to go free while they are awaiting trial. These terms are intended to ensure that a defendant appears for court when required, such as for trial or other pre-trial hearings. Bail generally takes the form of cash bail or a bail bond.
Cash bail refers to when the defendant deposits money or property with the court, that is returned to the defendant after they have made all of their required court appearances. If they do not appear, the money will not be returned; as such, the promise of the money being returned is the incentive for the defendant to appear.
Bail bonds are similar to cash bail, the defining difference being that the money is provided by a third party, known as a “bail bondsman.” The defendant agrees to appear in court when required to do so, or else be liable to the bail bondsman for the amount of bail set by the court. If the defendant fails to appear, the bail bondsman or their agents can bring them to court.
Additionally, defendants may go free before trial without posting any cash bail or enlisting the help of a bail bondsman. This is referred to as being released on their own recognizance, and is reserved for when the court is confident that the defendant will appear in court without any financial incentive.
What Is A Criminal Plea?
In criminal law, a plea is the defendant’s answer to legal charges or a legal declaration. The three types of pleas that a defendant may enter are:
- Guilty: This is a complete admission of guilt, as well as a waiver of rights. Most defense attorneys advise against the defendant pleading guilty, unless doing so would have some sort of benefit. An example of this would be if a guilty plea were exchanged for a favorable sentence. Another example would be that additional charges would be brought against the defendant unless they plead guilty within a certain time frame;
- Not Guilty: Pleading not guilty is a complete denial of any guilt. Even if the defendant believes that they were guilty, pleading not guilty allows time for the defense to examine and review the discovery that is associated with the case; or
- Nolo Contendere (No Contest): A no contest plea means that the defendant neither agrees or disagrees with the charges against them. While this may sound appealing because it is not a guilty plea, a nolo contendere plea has its own consequences to contend with.
It is imperative to note that if a defendant fails to enter a plea, or fails to appear in court, a guilty plea will automatically be entered. Plea bargaining refers to making an agreement between the prosecution and the defense, in order to settle the case. The defendant will agree to plead guilty in exchange for a lesser charge, which generally means less punishment. Any plea bargains are subject to the court’s approval.
What Are Criminal Pretrial Motions?
A motion is a document filed with the court by one of the parties, requesting the court to do something, such as exclude or admit a specific piece of evidence. A pretrial motion is brought before the trial formally begins, and must be specifically requested in order to take effect. Pretrial motions generally have a strict filing deadline, and will be considered to be waived if not raised within this time.
Pretrial motions can be brought by either party, in order to set the boundaries for the upcoming trial. An example of this would be how the accepted use of specific items of evidence, witness testimonies, and factual and legal arguments are affected by the successful filing of a pretrial motion. A case may be entirely dismissed through the use of a pretrial motion; additionally, pretrial motions sometimes shorten a trial, which can reserve valuable resources such as time and money.
Do I Need An Attorney After An Arrest?
If you have been arrested, or are otherwise involved in a criminal trial, you will need to consult with an experienced and local criminal defense lawyer. An experienced criminal defense attorney will be best suited to helping you understand your rights and legal options according to your state’s specific criminal laws. An attorney will also be able to represent you in court, as needed.
