Facing charges can feel overwhelming, but knowing what to expect and preparing in advance can help you face the process with confidence. An experienced defense attorney will also help you navigate complex legal systems and explain your rights.
At the first hearing, known as an arraignment, you will be informed of the charges against you and asked how you would like to plead. You can plead guilty, not guilty, or no contest.
Arrest
If law enforcement officers have sufficient probable cause to believe that you committed a crime, they can make an arrest. During the police station booking process, your personal information is recorded, and you will be fingerprinted and photographed. Then, the police will inventory your belongings and store them for use in the case. The prosecutor’s office will then review the evidence gathered during the investigation and determine whether the facts provide probable cause to charge you with a crime. If the prosecution decides to move forward with the case, the affidavit containing the evidence is filed.
After the initial appearance in court (also known as the first appearance or arraignment), a judge will inform you of the charges that have been filed and your rights, including your right to legal representation. Depending on the nature of your case, the judge may set bail or pretrial release conditions and schedule future hearings.
You must hire a criminal defense attorney as soon as possible. An experienced lawyer can investigate the case from its beginning, keep track of the evidence and witness statements, and ensure that you are not pressured into taking a bad deal from prosecutors. It is also important to remain calm and respectful during the entire process. Being agitated or aggressive with police or prosecutors will only hurt your case.
Booking
Getting arrested for a criminal offense can be one of the most stressful experiences in life. Having a skilled attorney by your side can make all the difference in your case’s outcome. An experienced New York criminal defense lawyer can protect your rights, guide you through the legal process, and help you work toward a positive resolution to your case.
During the booking process, officers will typically record the suspect’s name, address, date of birth, and other personal information. Additionally, mug shots are often taken to record the suspect’s physical appearance at the time of the arrest. These records can be useful for proving innocence if the suspect is charged with a crime they did not commit.
The suspect will also undergo a search to ensure they do not have any outstanding warrants. This typically involves a cursory pat-down inspection, but it may also include a full body search to detect weapons or drugs. If a suspect has an outstanding warrant, the arresting officer will usually not release them on bail.
After the arrest and booking, a judge or magistrate will hold an initial court hearing called the arraignment. At this hearing, the charges against the suspect will be formally presented, and the defendant will be informed of their rights. Additionally, the judge will decide if they will allow bail to be posted so that the suspect can remain free while waiting for trial.
Arraignment
Upon being arraigned, the accused is formally advised of the charges and asked to enter a plea. If the person is not already represented by counsel, an attorney will be appointed (or the accused may elect to proceed pro se). At this point, prosecutors will often offer a plea bargain in exchange for a guilty plea. A skilled criminal defense lawyer will be able to determine whether accepting this deal is in the client’s best interests.
The arraignment process can also involve pretrial proceedings such as a hearing on motions to suppress evidence or challenges to the accuracy of breathalyzer or blood test results. Lawyers who specialize in criminal law know that it’s essential to gather and analyze every detail of the case, including all statements made by the accused. It’s vital to gain the trust of the clients so they will share all relevant information, even if it’s embarrassing. Providing full disclosure allows the defense attorney to anticipate what the prosecution team will focus on and develop an effective strategy accordingly.
Criminal defense attorneys also work with expert witnesses to clarify complicated information and evidence. For example, forensic experts are key in cases involving murder or assault charges by examining blood spatter patterns at the crime scene or scrutinizing DNA to confirm or discredit a match to the defendant. They are also helpful in DWI cases by explaining the reliability of field sobriety tests or analyzing toxicology reports.
Court
If you decide to fight the charges, your case will proceed through several judicial processes before reaching trial or a plea bargain. It is important to remain calm and to act appropriately in order to avoid incriminating yourself or having your actions misconstrued. In addition, it is vital to communicate with your attorney regularly to discuss all details of the alleged incident. Without an accurate account of the facts, your lawyer may not be able to provide you with an effective legal strategy.
At your first court appearance, known as an arraignment, the judge will formally read the charges against you and give you an opportunity to enter a plea. If you plead “not guilty,” the case will be set for trial, whereas a “guilty” plea will result in immediate sentencing. Depending on the facts of your case, the prosecutor may offer you a plea agreement or recommend pre-trial diversion programs.
Whether you are accused of a misdemeanor or felony, it is important to hire an experienced criminal defense attorney as soon as possible. An attorney can guide you through the entire process and ensure your rights are protected every step of the way. Contact us today to learn more about what to expect when facing a criminal charge. The firm’s criminal lawyers can answer your questions and help you prepare for the coming weeks.