When one is charged with a criminal offence, chances are you will be found guilty if you do not have a lawyer to defend you. Whether you committed a crime or not, get a Criminal Attorney in Rockwall TX if you want to walk free or have reduced charges. However, as you await the court’s decision, it is wise to understand the procedure followed in a criminal case after a person has been arrested.
Initial appearance
The suspect appears for the first time in court within 24 hours after arrest. At the appearance, the charges are made to know to them. They are also asked if they have the representation of a Criminal Attorney. If the suspect cannot afford a lawyer, one is provided to them by the state. It is at this stage that the suspect can be released on bond or remain in custody for public safety. A date is then given for the next hearing in the justice or superior court.
Filing of charges
Criminal charges begin by filing a formal accusation that the crime was committed. The prosecutor files a direct complaint stating the crimes, which as alleged, were committed. A grand jury then issues an indictment which, from the accusations filed by the prosecutor, determines whether the suspect should stand trial. The defendant is then notified when to appear for next court date.
Preliminary hearing
The prosecutor presents the available evidence and witnesses which indicate that the defendant actually committed the crime and should go into trial. This case is normally held at justice court, and the judge can dismiss it for lack of sufficient evidence or order for a trial.
Arraignment
The court gives the suspect an opportunity to give a plea to the charges against them. If they plead guilty, a sentence hearing will be given, and if not guilty, another court date is given.
Trial
At this stage, in the superior courts, the state must prove that a crime was committed. A verdict must be reached by the court jurors, or else the result can be a mistrial. If the suspect is found guilty, a sentencing hearing is set, and if not guilty, the case is dismissed.
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