The initial step after being taken into custody is known as the arraignment. This pivotal moment marks your first official appearance in court and sets the stage for the legal proceedings that follow. Understanding what an arraignment entails is crucial for anyone navigating the criminal justice system.
During the arraignment, the court formally presents you, or your legal counsel, with a copy of the criminal complaint. This complaint is a document prepared by the prosecutor that outlines the specific crimes you are accused of committing. It serves as the foundation for the charges against you. If you do not have a private attorney, the court will typically assign a public defender to represent you. It’s important to understand that the process of assigning a public defender takes time as paperwork needs to be processed through the system. Rest assured, a public defender will contact you once the office receives your case details and is ready to proceed with your legal representation.
The arraignment is fundamentally where you, as the defendant, make your first appearance before the court. You will be formally informed of the charges against you, and you will be required to enter a plea. Your attorney will discuss the specifics of your case with you, and based on this consultation, a plea will be entered on your behalf. The common pleas are “not guilty,” “guilty,” or “no contest.” Following the arraignment and plea entry, the court will usually schedule another hearing, often called a Trial Setting Conference. This subsequent date allows your attorney time to thoroughly discuss your case with you and explore potential resolutions, including negotiating a settlement or plea agreement with the District Attorney. It’s common for a District Attorney’s offer to involve pleading guilty to a reduced number of charges, often one or two, with the dismissal of any remaining charges.
To ensure your lawyer can effectively represent you, it is vital to prepare pertinent information about your case. To assist your attorney, compile the following details:
- Any questions you have regarding the charges or legal process.
- The full names of all potential witnesses related to your case.
- Any nicknames or aliases that witnesses might be known by.
- The current addresses of all witnesses.
- The phone numbers where witnesses can be reached.
- Names, addresses, and phone numbers of individuals who can provide character references or offer testimony favorable to your defense, regarding either the facts of the case or your personal character.
Crucially, remember to only discuss the details of your case with your attorney. Avoid discussing your case with family or friends, as anything you say to them could potentially be used against you in court. They could be compelled to testify about your conversations.
If your case is not resolved through a settlement or plea bargain, it will proceed to trial. At this stage, the court will set a trial date. The trial process involves selecting a jury of 12 individuals. During the trial, the prosecutor will present evidence and arguments to convince the jury that you are guilty beyond a reasonable doubt. Your attorney will present your defense, challenging the prosecution’s case and advocating for your innocence. At the conclusion of the trial, the jury will deliberate and decide whether the prosecution has successfully proven your guilt to the required legal standard.
For a verdict of guilty or not guilty, the jury’s decision must be unanimous; all 12 jurors must agree. If the jury cannot reach a unanimous verdict, a “mistrial” is declared by the court. In the event of a mistrial, the prosecution has the option to retry the case with a new jury, dismiss the charges altogether, or potentially reach a settlement agreement with the defense.
If a defendant is found guilty, the judge will then proceed to sentencing. The potential sentence can vary widely depending on the specific charges and applicable laws, ranging from probation without jail time to imprisonment in state prison. Sentencing can be a complex phase, particularly in cases involving serious offenses.
