CRIMINAL LAW

What happens in a Criminal Case?

Pre-Arrest:  Police officers investing crimes need reasonable suspicion to question individuals about crimes.  According to the courts, reasonable suspicion must be “examined in terms of the totality of the circumstances and will be justified when the detaining officer has specific articulable facts, which taken together with rational inferences from those facts, lead him to conclude that the person detained actually is, has been, or soon will be engaged in criminal activity.”

To arrest someone for a crime, a police officer needs either an arrest warrant or probable cause to arrest without a warrant.  “Probable cause for an arrest exists where, at the moment the facts and circumstances within the knowledge of the arresting officer and of which he has reasonable trustworthy information would warrant a reasonable and prudent man in believing that a particular person has committed or is committing a crime.”

If an officer has questioned you or a loved one and is in the process of investigating whether or not you or your loved one have committed a crime or if there is a warrant for your arrest, contact our office so we can begin defending your rights.  Do not take police investigations or arrest warrants lightly.

The Arrest:  When an individual has been arrested, the police will take them to jail for processing.  The processing will consist of having the picture taken, fingerprinting, and basic questions from the jailer.  The police will probably try to interrogate the accused as well.  Do not talk to them.  Exercise your right to remain silent and call our office or another attorney immediately.

Bail:  Usually within 24 hours of the arrest, the accused will be taken before a magistrate and bail will be set.  The magistrate will often appoint an attorney at this time as well if the accused is too poor to hire an attorney.  Obtain retained counsel whenever possible.  If bail is set too high, an attorney and often get the bail reduced by filing a special writ to lower bail.  If you need help getting bail reduced, call our office.  We can also help you find a bondsmen to make bail.

Charged with a Crime:  In order to be convicted of a crime, there must be a charging instrument.  A traffic ticket is the charging instrument in speeding cases.  For Class B & A misdemeanors, a complaint if filed by the arresting officer and then an information is filed by the prosecutor.  For felony offenses, the prosecution must present evidence to a grand jury.  The grand jury will consider the evidence and if they believe there is probable cause to believe an offense has been committed, they will issue an indictment.  One of the best ways to defend a case is to prevent the formal charging of the accused.  We have done this on numerous occasions.  If you are formally charged and do not have an attorney, you should obtain an attorney prior to appearing at the first court date.

Arraignment:  If a defendant is indicted or an information if filed with the clerk, the next step of the process is arraignment.  Arraignment is basically the right to have the judge read the charges against you in open court, ask whether your name is set forth correctly in the charging instrument, and then to take your original plea.  Most individuals waive this right.

Pretrial:  Most cases have numerous pretrial hearings.  At these hearings, pretrial motions are heard and defense attorneys negotiate with prosecutors.  If the attorneys cannot agree, contested pretrial motions are heard and the judge makes a ruling.

Plea Bargains:  Not every case goes to trial.  Sometimes the accused is actually guilty of the crime with which they are charged.  Even guilty clients are entitled to a defense.  Some cases are best not tried.  However, it is important to have a lawyer who is an aggressive trial attorney.  The reason is that the best deals are given to clients who have tough lawyers.  The prosecutors do not want to try most cases, especially against a seasoned trial lawyer. 

Accordingly, they give the good attorneys the best offers.  The criminal attorneys at Reese & Williamson, L.L.P. have obtained enough not guilty verdicts in the many courts we serve that the prosecutors know we mean business.  Our clients are the beneficiaries of our past success.  Indeed, the majority of our business comes from the referrals of past satisfied customers. 

Although many cases result in plea bargain agreements, there are many reasons why a client should have a trial even if they are guilty.  The reason is that many cases can be won even if the client is guilty, especially if there was wrong doing on the part of the police during their investigation.   If a case is not worked out at pretrial, then it is set for a trial before a judge or jury.