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.
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.
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.
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.
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.
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.
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.
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.
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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