Criminal Defense pROCESS

• First step in the process; 
• Official notification to Defendant of charges and possible punishment against him or her;
• Defendant enters plea of guilty, not guilty or no contest; 
• If charged with a misdemeanor, the court will set your next appearance for Trial or Pre-Trial;
• If charged with a felony, the court will schedule your matter for preliminary hearing; 
• The court will establish bond; and
• If entered guilty plea to misdemeanor, sentencing may occur. 

This is a meeting between the Prosecution and the Defense. This provides the opportunity to discuss the strengths and weaknesses of each other’s case, plea bargain possibilities and discovery issues.

This is a hearing where a Judge decides if there is enough evidence to bind a case over to the Grand Jury. It is a low burden of proof as the State must only show that there is probable cause to believe a crime was committed and that the Defendant is the one who committed it.

Secret Proceeding where a body of twelve citizens decide whether or not someone should be indicted and for what charges.

Plea bargains are a way to avoid a more serious conviction by pleading to a lighter one. Some Judges and Prosecutors are more inclined to plea bargain than others.

This is the fact finding phase of a case and it may be a bench trial (to the Judge) or a jury trial. Defendants are entitled to a trial by jury for all misdemeanor or felony charges. The burden of proof lies with the Prosecution to prove a Defendant’s guilt beyond a reasonable doubt.