If you are charged with a felony, there is more to the process than just your initial arraignment. Felony charges have the potential to affect your life for years to come. The prosecutor must demonstrate that there is probable cause for the crime during a preliminary hearing. It is a high burden.
Consultation
When you are confronted with criminal charges, it can be not very safe. Fortunately, you can avoid any missteps that could lead to further legal complications by seeking a competent criminal defense attorney to review the facts of your case and advise you on how to move forward. You must understand that the prosecution must prove your guilt beyond a reasonable doubt when charged with a crime. As such, prosecutors may decide not to pursue charges if they do not believe they have enough evidence to prove their innocence. Additionally, prosecutors must conserve the judicial branch’s resources and prioritize cases they can win. Therefore, consulting with the law office of Genine Mejia as soon as possible is essential.
Discovery
Discovery is a pre-trial process where the prosecution and defense exchange information relevant to the case. It includes written interrogatories and depositions where the parties can gain sworn statements from witnesses and parties to the lawsuit. These questions can be very personal and invasive. However, it is essential always to answer since lying during discovery could jeopardize the case and even lead to a conviction for perjury. This information can include almost anything, from medical records to social media and emails. In addition, it allows a lawyer to get a glimpse into the other side’s case to help prepare for trial. Limited information can be considered “privileged” and off limits, including religious beliefs, sexuality, immediate family relationships, and employment-related matters.
Preparation for Trial
Your lawyer will begin preparing for trial once you have been arraigned on the charges. It includes filing motions, gathering evidence, taking witness depositions or taped statements, and preparing exhibits. One of the most important aspects of trial preparation is crafting a solid narrative. Judges and juries give more credence to a feasible, believable, and memorable story. At your initial appearance, the judge reviews the arrest and post-arrest investigation reports and determines whether there is probable cause to hold you for trial. An arraignment on the “Information” will be scheduled if the court determines there is probable cause. The information lists all of the crimes you are charged with. This arraignment takes place within 15 days of the preliminary hearing.
Trial
In a formal legal action known as a trial, the prosecution and defense present evidence to decide your guilt or innocence of a crime. It can be heard before a judge (a bench trial) or a jury. In opening statements, the prosecutor and defense lawyer can briefly tell the story of what they believe happened in the case. They will also state their case’s main points of contention. During direct examination of witnesses, your attorney will question them to challenge their credibility and expose any bias or ulterior motives they may have. They will also cross-examine the prosecution’s witnesses, pointing out inconsistencies and flaws in their testimony.
Post-Trial
Once a case is prosecuted, the defendant will be officially informed of the charges and the potential penalties. They will also be given a chance to enter a plea, either guilty or not guilty. In general, it is not advised to enter a guilty plea at arraignment, particularly for criminal offenses. The defendant will presumably be assigned a public defender if they opt to plead not guilty and cannot pay for one. They can also file pre-trial motions, which are requests for the court to rule on specific issues before trial begins. The prosecutor is responsible for providing enough evidence to convict the perpetrator of the crime. Conversely, the defense focuses on casting doubt and showing that the prosecution cannot prove their allegations.
