Process of a Criminal Case in General While each case is different and involves a unique defense, some similarities exist. The following are the basic steps in the process of a criminal case, whether state, federal, misdemeanor, juvenile, felony or DUI. In addition to these steps, are MOTIONS and DEMANDS, a defense attorneys greatest weapon. These motions can be filed whenever appropriate at any stage of the process                 ArrestArraignment Investigation Negotiation Sounding Trial Expungement or SentencingAppeals         Arrest   Arraignment- Arraignment is usually the first preliminary court hearing. At this hearing, the State Attorney's Office will announce the charges against you. In addition, the judge will ask whether you will plead guilty or not guilty. The Law Offices of Jauregui & Jauregui, P.A. will plead you not guilty.   Investigation & Negotiations   Motions Motions are the manner in which we demand evidence, have other evidence suppressed, witnesses excluded, and charges dropped. A Motion hearing takes place throughout every stages of the criminal process    Sounding- Sounding is a report date where both sides meet with the judge to discuss the progress of your case. Topics discussed include plea bargain possibilities, strengths and weaknesses of the prosecution's case, progress of the preparation of the case for both sides, pretrial motions and intangible factors of the case, such as the witnesses’ and defendant's character and past history. It is at this hearing where the next court date will be set.          Trial At the trial, evidence will be presented to a judge or jury and a decision will be reached as to the innocence or guilt of the defendant. The trial begins with the opening statements. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The judge or jury then deliberates innocence and guilt. In a trial, expect the following to occur: 1. Jury selection 2. Opening statements are presented by both the prosecution and the defense 3. The prosecution presents their case 4. The defendant cross examines 5. The defense presents their case 6. The prosecution cross examines 7. Closing arguments are presented by both the prosecution and the defense 8. The prosecution, defense attorney and judge decide on specific instructions to the jury 9. The judge instructs the jury on rules 10. The jury deliberates 11. The jury submits their verdict          Sentencing  If you are found guilty at trial, the judge must determine the appropriate sentencing. The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court. In addition, the court may ask for a report from the probation department prior to sentencing the defendant.      Appeals After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to change the lower court's decision. The appellate process is primarily limited to correcting flaws in procedure and not to change a trial courts finding of fact. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict. However, time limits do exist. They are very short - often less than 30 days and mostly as short as 10 days. Don't lose your right to appeal! At the very least, a notice of appeal must be filed as soon as possible. The sample motions in an appeal process may include: Motion for Acquittal Motion For A New Trial Motion For New Sentencing Appeal To Appellate Court Appeal To State Supreme Court Appeal To U.S. Supreme Court In death penalty cases, the appeals process is automatic

DISCLAIMER
These materials have been prepared by the Law Offices of Jauregui & Jauregui, P.A. for informational purposes only and are not legal advice. This information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without consulting one of our attorneys. We welcome your questions. 305-558-5335.