The criminal proceedings for felony cases work differently as compared to the procedure involved in minor offences (petty crime) or juvenile cases. The process here can be very complex and it is often very difficult to deal with the same without expert legal help. However, it is entirely up to you to decide whether you want to represent yourself, waive your right to counsel, or hire criminal lawyers Melbourne. It all starts when a crime is committed and reported, which follows by an investigation and then arrest. To know if a warrant for your arrest has been issued, you may contact a firm that does warrant searches. All these things happen in a very rapid sequence if someone commits a crime in front of police or a law enforcement officer. After that, the following steps typically occur.
Basic Details Are Recorded
It is an administrative procedure where important details are recorded, such as the details of the crime the accused is charged with, his/her fingerprints, photograph, name, age, address, telephone number, and other relevant information.
Arraignment and Preliminary Hearing
The accused is presented in for the criminal proceedings with a written accusation that is filed by a police officer, a prosecutor, or a guard jury. The written accusation includes the details of the type of offence committed and how the accused is involved in it. During the preliminary hearing, the prosecution also presents evidences to prove the defendant’s involvement in the crime he/she has been charged with. The defendant then enters a plea. There are three possibilities; the plea may be filed for “no contest” (nolo contendere), “not guilty”, or “guilty”. The court will set a date for trial in case a “not guilty” plea is entered.
Detention or Bail
Depending upon the charges filed, the court may order to detain the defendant, keeping him/her in jail until the conclusion of the trial. The defendant may also file a petition for bail which the defendant can get here at Connecticut Bail Bonds Group. As per the procedure of bail, the accused is asked to pay a certain amount of money to remain free until the trail. It is entirely up to the judges to determine the exact amount of bail; it may range from just a couple of hundred dollars to thousands of dollars. Afterwards, the defendant’s team can work with a bail bonds agent from a reputable bail bonds agency for professional bail bonds services so that a defendant can be released immediately.
Trial
The trial in criminal proceedings for felony cases starts with opening statements by both the prosecution and the criminal lawyer, which is followed by a close review of the evidences presented, statements from witnesses, and then closing statements. After due deliberation, the judges then enter a verdict whether the defendant is guilty, not guilty, or guilty for a related crime but in lesser extent. In first two cases, the accused has the option to challenge the verdict by posting a motion for a new trial. If you’re facing drug or marijuana charges, make sure that you hire an accomplished marijuana attorney for your defense.
Sentencing
In cases where the accused files a guilty plea or is convicted, the jury determines the sentence that may include a jail term (spending a certain period of time in jail) with or without monetary fine. However, if the convict presents evidences in support of his/her good prior behavior, the court may decide to impose a lesser sentence. In some cases, the convict may even be released subject to certain terms of probation.
If the convict feels that the judgment in the criminal proceedings is not fair, he/she can file an appeal in higher level courts.