Monday 22 April 2019

Stages of Criminal Proceedings In UAE | Hassan Elhais


Getting stuck in a criminal lawsuit can be the most critical and grueling times of anyone's life. Some cases are resolved pretty soon with the guilty plea or by fine submission while others may go on endlessly for years.

Al Rowaad Advocates & Legal Consultants firm headed by Dr. Hassan Mohsen Elhais holds 14 years of expertise in the field of law. Our team comprises of the most reputed and famous criminal lawyers of the country. Visit us at https://professionallawyer.me/ to know more.


The way a criminal case is handled varies from country to country. However, there are a few generic steps that are common to the procedure everywhere.

Let us have a closer look at the various stages involved in a criminal case procedure, starting from the commencement of trial to the sentencing, as under. 


·        Stage 1 - Arrest         

A criminal case starts with the arrest or detention of a person who has committed a crime in the eyes of the law.


Once the accused is arrested, the booking process follows. Post being officially taken into the police custody, the following procedures may follow soon after:

a)      Fingers prints are captured as part of the booking process.
b)      A picture is taken.
c)      A background check is performed. This may include a check on the criminal history (if any), education check, employment check, civil records, references etc.
d)      Finally, the suspect is placed in a cell inside the police station.

·        Stage 2- Scrutinizing the possibility of the bail/bond      

Once placed in a jail, the first thing that needs to be scrutinized is if the crime committed falls under the category of a bailable warrant or not.

If it's bailable then the second step is to check how much money would be required in order to bail out. What would be the sources of arrangement etc.?

At this point, associating with an experienced and famous criminal lawyer is highly important and critical to your case.

He/she can represent the accused’s side to chalk the best way out in the light of the prevalent situation.

·        Stage 3 - First appearance in the courtroom         

The suspect’s very first appearance as the proceedings commence in the court of law is termed as an arraignment. 

In some cases, a person might have to wait for the arraignment to have their bail set.
It is directly dependent upon the nature of the crime committed by the accused in question.

·        Stage 4 - Possibility of a plea bargain        

After studying the case from all the angles, the accused’s lawyer may suggest going for the plea bargain. As a matter of fact, of all the criminal cases registered, it is only 10% that actually go in for the trial. Rest are resolved under the plea bargains.

It is basically an arrangement wherein the defendant agrees to plead guilty for a lesser charge. In return, he/she can be asked to serve a lesser sentence or under best circumstances, there might be a complete drop of charges as well.

The catch is that both the parties, the defendant as well as the prosecutor, need to mutually agree on the laid out terms and conditions.

Later, the judge will study the plea and might accord his/her approval depending upon the arguments presented.

·        Stage 5 - Preliminary hearing          

As the case moves forward to the preliminary stage, the prosecutor and the accused’s attorney will present the arguments in favor and against for the further proceeding on the case.

The prosecutor will try to convince the judge about the crime committed by the accused. On the contrary, the accused’s lawyer will try to provide the evidence against it.


·        Stage 6 - Criminal trial commence  

If the plea deals offered didn't contend the accused or he/she sees himself/herself as not guilty of any wrongdoing, then the accused may well move ahead and decide to face the criminal trial in the court of law.

The accused’s attorney will fight the case and the jury will decide the fate basis the evidence and arguments presented.

·        Stage 7 - Sentencing

During the trial, if the accused is found guilty by the jury or the accused plead guilty himself, then the crime sentencing follows.

It may depend on various factors. However, the victim's statement will play a crucial role here.

·        Stage 8 - Provisions for filing Appeal         

Somehow, if the accused feels that the judgment has not been fair and he/she has been wrongfully convicted - in that case, they always have the option of re-appealing in the higher court of law.

Criminal cases are highly critical in nature and thus, require an association with the expert lawyers. Only those who have a deep understanding of the legal matters are in a position to resolve the cases efficiently.

In order to hire the best in line and the most famous criminal lawyers of the country, visit us now at https://professionallawyer.me/
 


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