formerdeputy sheriff.formerprosecutor.

You have been accused of committing a crime. If an officer has either probable cause or a warrant for your arrest, you will be brought into custody. Once arrested, your first court appearance will happen within 24 to 48 hours. If you are given a notice to appear (you avoid getting a mug shot), you are given a specified date and time to appear in court. Failure to appear will result in a bench warrant for your arrest.

Your first court appearance will be within 24 to 48 hours. This is when you will hear the charges being brought against you. The Court shall determine whether probable cause exists, and appropriate conditions for bond. You are not required to speak at this time.

If you have not hired a criminal defense attorney before this date and you were arrested for a felony, you must personally appear before the Court and enter a plea. If you plan to hire a lawyer, enter a plea of “Not Guilty” and the Court will place your case on the next Pretrial Conference. However, this is also a time where the Assistant State Attorney may attempt to resolve your case by offering a plea deal. This is where caution should be taken. All “offers” have consequences and if you don’t understand the consequences, short term and long term for your life, you should consult with a criminal defense attorney. Often times, that plea offer will remain open if you immediately hire a criminal defense attorney.

Once a Demand for Discovery is filed, the State is required to furnish the Defendant with all the Discovery in their possession, and any evidence that tends to go towards negating the Defendant’s guilt, this is known as Brady Material. Once the discovery is provided to your criminal defense attorney, he or she can review it with you so you understand how these facts apply to the crimes you are accused of. This process may lead to depositions and gathering information to assist in the defense. If charges are not dismissed during this process, a plea bargain may be reached. This means you plead guilty to the crime to a reduced charge or a reduced sentence.

This is where your criminal defense attorney will shine on your behalf. In preparation for this court appearance, your criminal defense attorney will meet with the prosecutor. If the discovery phase is complete, he or she will look to prove that evidence brought against you does not indicate you committed the crime. Charges can be reduced at this hearing or dropped altogether. If neither of those options occur, your criminal defense attorney will tell the Court what the state of the case is. The Court will decide if the case will be continued or if it will be set for trial.

If you maintain your plea of not guilty and negotiations with the Assistant State Attorney have failed, your case will be set for trial. The case will be presented on both sides, and a verdict by judge or jury will decide the outcome. If you are found guilty, the judge will determine the penalty you face, this is known as Sentencing. Sentencing can occur immediately after a guilty verdict or Sentencing can be set off to another for a presentation of evidence by both sides. After listening to both sides, the Court will render a sentence – anything from a fine to jail time.