Criminal Justice Judicial Process

Massachusetts, New York, North Carolina, Maryland & Virginia Criminal Justice Judicial Process

Our Massachusetts, New York, Maryland & Virginia criminal defense attorneys are frequently asked questions regarding criminal justice process.  After you read this, if you wish to talk to our criminal defense lawyers in Virginia, New York, North Carolina, Maryland & Massachusetts, please feel free to call us or contact us via our on line form. We are here to defend you.

Contact us for a skilled, effective criminal defense. You can either call one of our offices in Virginia, Maryland, North Carolina, New York or Massachusetts or contact us online.

The criminal justice system is a complex, confusing and oftentimes harrowing experience - especially for the accused and convicted.

Laws and procedures vary from state to state, plus the federal government has their own set of rules and regulations.

Here are the basics that apply to this overall process:

Crime and Investigation

Search Warrants

Questioning and Interrogation

If the officer does arrest you, then he or she will read you your rights - the Miranda Warning or Miranda Rule.

The three rights are:

• You have the right to remain silent
• You have the right to have an attorney present during questioning
• If you can't afford an attorney, you have right to have one appointed by the state

Once you've been read your rights, you'll be asked if you understand them. You'll be informed that anything you say from that point on can and will be used against you in a court of law. Then you'll be asked if you voluntarily waive those rights.

There's only one consideration here: Except to inform the officers that you understand your rights, say nothing more without an attorney!

No exceptions!

Making an Arrest

Filing Criminal Charges

Arraignment

Bail/Bond

"Bail" is money or property given as security to ensure that you'll show up for further criminal proceedings.

Bail can be paid in cash, a pledge of property, intangible assets (bankbook accounts, certificates of deposit, letters of credit, and certificates for stocks), and even with credit and debit cards. Or the accused might obtain a bail bond using the services of a bail bondsman.

A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. In return, they usually charge the defendant 10% of the bail fee as compensation for their services.

If you don't show up for these further proceedings, the bail is forfeited - plus you'll also be guilty of the crime of failure to appear. In most cases bail money is returned at the end of the trial, no matter whether you are found guilty or not guilty of the crime.

If you hire the services of a bail bondsman, be aware the law usually allows them to use the services of bounty hunters should you choose to flee from justice - commonly called jumping bail or skipping bail.

Denying Bail

Plea Bargaining

A plea agreement or plea bargain, plea deal or copping a plea is an agreement in a criminal case where the prosecutor and defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest - usually to a lesser offense or one offense out of several - in exchange for some agreement from the prosecutor for a reduced punishment.

Your lawyer will consider many factors in whether or not to recommend a plea bargain vs. going to trial. These include:

• The strength of the evidence against you.
• The potential penalties if you lose the case
• If you can afford to pay for expert witnesses, investigations, DNA testing, and a myriad of other tools necessary to prove your innocence.

Discovery

Trial

If the defendant decides to plead guilty, he or she must do so in open court and with full knowledge that they are giving up their rights by doing so.

Going to Trial

You have the right to a jury trial is most cases. This right may be waived by:

• Pleading guilty (as mentioned above) or
• Choosing a bench trial (a trial in front of a judge only)

At a bench trial, you are waiving your right to trial by jury and agree to have the facts of your case weighed and decided upon solely by the judge. This is usually requested when the legal issues are complex enough that the defendant believes the jury might not understand all the nuances and implications of the evidence. It may also be the defendant fears the jury would be overly prejudicial due to the nature of the charges or the crime alleged.

Selecting the Jury

The Jury Decides

Jury Nullification

SRIS PC

If you've been charged with a serious crime or misdemeanor - don't fool yourself into thinking you can go it alone. You need the help of experts - and the criminal attorneys at SRIS PC are those experts in Virginia, Maryland, New York, North Carolina & Massachusetts.

Our Massachusetts, New York, North Carolina, Maryland & Virginia lawyers are some of the best in the business. Don’t go to court without a SRIS Law Group criminal lawyer to back you up.

Please give us a call to discuss your case.

Here's how to contact us: 888-437-7747