Navigating the Legal Process: From Investigation to Trial
Understand each step of the legal process, from investigation and arrest to bond, filing, and grand jury proceedings. We're here to guide you.
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6 Steps in a Criminal Case Top Tips from a Defense Attorney
Added on 09/26/2024
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Speaker 1: Whether you've never been through this before or you haven't been through this recently, we're here to help you through each step of this process. The investigation phase. If you've been alleged to have been involved in a crime, the investigation will move forward in one of two ways. If an officer believes they observed or witnessed the offense, they'll place you under arrest. If it's a complaint that's going to the police department, the officer will go out and get a warrant for your arrest. Do not speak to anyone about the allegations other than an attorney that you're consulting with. The arrest. If you're placed under arrest, understand everything you do or say is being recorded. Exercise your Fifth Amendment right not to give any statements against yourself. If you have something illegal on your person, tell the officer before you get to the station. Otherwise, what might be a misdemeanor offense will become a felony offense once you've taken it into a correctional facility. Finally, if a police officer asks you for the passcode to your phone, you should not give the officer your passcode or unlock your phone for a police officer. Magistration. After you're placed under arrest, you will be taken to jail. This process involves getting your fingerprint, your bookend photo, and other identifiers so they can document who was actually brought to jail. You will then be taken in front of a magistrate judge for arraignment. If the magistrate reviews the documentation and believes that there's probable cause, the magistrate will then set a bond. Bond. A bond is set based on a number of factors, including the nature of the alleged offense, the risk of flight, and the potential risk to the community or the alleged victim. A bond can take a number of forms. A personal recognizance bond is a type of bond where the judge is releasing you without a requirement for you to put money up to be released. Alternatively, a monetary bond may be set by the magistrate. For any type of bond, the judge will potentially also impose bond conditions. Those bond conditions might be as simple as not committing any new offenses, not using drugs, or it could be as significant as requiring a GPS monitor or even home confinement while you're out on bond. If you violate a condition of bond, the judge will hold your bond insufficient and you'll go back into custody. Filing. After your arrest, the arresting agency will file the case with the district attorney's office. A prosecutor in the intake division of the district attorney's office will review your case to see if there's probable cause and all the elements of the offense can be met. Typically, a case will be filed and accepted into a court within weeks after the arrest. Grand Jury. A grand jury is a group of 12 people who will review your case to see if there's probable cause to continue. If they believe there's probable cause, they will true bill or indict your case. If your case is indicted, the case will continue through pre-trial settings. If a case cannot be resolved through the pre-trial process, it will ultimately go on the trial docket. We can't change what got you to this point, but we can help you move forward.

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