Criminal Law

When You Need an Attorney

Arrest - A person is taken into police custody. You can be arrested if a police officer observes a crime, if they have probable cause, or if they have obtained an arrest warrant. Being contacted by law enforcement can be intimidating. If you are questioned about a crime, your first response should be "I want an attorney present before I answer any questions."

Booking - The arrested individual is then processed at a jail facility where they will be fingerprinted, photographed, relieved of all personal property and placed in a holding cell. You will be searched and placed in an area where you may be observed with video and listening devices. Do not talk to anyone until your attorney arrives.

Bail - The court must set reasonable bail and once set, you may post bail by placing with the court: cash in the amount of bail; property that has a cash value at least equal to the bail amount; by a bond or promise to pay the bail amount should you not appear; or, by signing a statement promising to appear, an OR bond (own recognizance bond). Should you fail to appear, your bail will be forfeited and the court will issue a warrant for your arrest. There may be arguments offered to the judge against your release and you will need an attorney to convince the judge otherwise.

Arraignment - It is at this court proceeding where you will be charged with a crime. The court reads the charge to the defendant, asks if they need an attorney, and asks for a plea. The court will also decide whether or not to alter the bail amount and will announce the dates for any future hearing (preliminary hearing, pre-trial motions, and trial). Your attorney will have reviewed the charges and may have already entered into negotiations with the prosecutor.

Plea Bargaining - Pre-trial negotiations between your attorney and the prosecution that are submitted to the court for final consideration. Although it is the court that decides whether or not to accept a plea bargain, these negotiations and/or court approval may be restricted by statute. Plea bargaining can be for the following areas: Charge bargaining - the defendant will plea guilty to a lesser charge; Sentence bargaining - defendant agrees to plea guilty in exchange or a lighter sentence; or, Fact bargaining - defendant stipulates to certain facts in exchange for the prosecution's promise to not introduce other facts.

Preliminary Hearing - At this proceeding the judge decides if there was probable cause for your arrest and if there is sufficient evidence to convince a reasonable jury that you, the defendant, committed the crime charged. The prosecution may present witnesses and/or evidence to convince the judge that the case should proceed to trial. Your attorney may cross-examine the witnesses and/or challenge the evidence in an attempt to convince the judge that the case should be dismissed or the charges reduced. This proceeding is not used in those jurisdictions that utilize a grand jury indictment.

Trial - Your case is presented to a jury which will determine you guilt or innocence. The prosecution must prove, beyond a reasonable doubt, all the elements of the crime for which you are charged. These are the stages of a criminal trial:

• Voir dire - Potential jurors are interviewed by the judge, your attorney and the prosecution and a jury of qualified jurors is empaneled.

• Opening statements - The prosecution begins and presents their interpretation of the facts of the case and argues for your conviction. Your attorney will present the defenses interpretation of the facts and rebut the prosecutions interpretation. Your attorney may wait until after the prosecution has concluded their entire case before making an opening statement.

• Case-in-chief - The prosecution and your attorney present witnesses and evidence to support their respective arguments. Witnesses are first questioned during direct examination by the side that called that witness; they are then questioned during cross-examination by the opposing side; and finally, they are questioned under re-direct examination by the side that called that witness.

• Closing arguments - The jury is addressed first by the prosecution who argues for a conviction and then by your attorney who argues for an acquittal.

• Jury instructions - The judge, with assistance from the prosecution and your attorney, instructs the jury on the legal principals they are to use to determine your guilt or innocence.

• Jury deliberation - Jurors retire and discuss your case and arrive at a decision.