Understanding The Stages Of A Criminal Trial

12 June 2019
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If you have recently been arrested and charged with a crime and are potentially facing the possibility of going to a criminal trial, it is important that you are familiar with the trial process. Understanding this process will ensure that you are well-informed and empowered. Keep reading to learn the various stages of a criminal trial.

The Arrest

The legal process is put into motion when you are arrested. An arrest warrant is issued by a judge if there is probable cause that you committed a crime. When you are arrested, you have the right to invoke your right to remain silent and request to speak to a criminal attorney.

The Initial Hearing and Arraignment

Once you have been formally charged, an initial hearing will be conducted. The nature of the charges will be explained to you by a judge, and the judge will also explain to you your rights moving forward, your bail amount, if any, and any important details that need to be immediately addressed. There are some jurisdictions that will combine this initial hearing with your arraignment, which requires that you enter an official plea — not guilty, guilty, or no contest.

The Preliminary Hearing

During this stage, the state will demonstrate whether they have sufficient evidence to support the charges that they have filed against you. Some states will do this through a formal court heating, while others will do this administratively.

The Discovery and Pretrial

During this stage, attorneys from either side will share any evidence that they have gathered for the case. Legal counsel will often file a number of motions based on this evidence, like the Motion to Suppress or Motion to Dismiss certain pieces of the evidence.

The Trial

This part of the phase is broken down into multiple parts, which includes opening statements, presentation of evidence, witness testimony, and closing statements. As soon as all of these elements have been completed, the case will go to the jury for deliberation, and the jury will determine the final verdict. The final component in a formal trial is sentencing, but the sentencing typically takes place later.

The Appeal

If you're found guilty, you will have the right to appeal the verdict. Your criminal attorney will take over this responsibility and make certain that the proper channels are followed.

If you've been recently charged with a crime, it is important that you speak with a criminal defense attorney as soon as you can to ensure your rights are properly protected.