Getting charged with a crime can be scary and stressful. But you shouldn’t worry too much because there are many different ways to fight criminal charges.
The first step is to hire a criminal defense attorney. It is important to tell your lawyer everything about the incident, including what happened before, during and after.
Charges are filed by the Prosecutor
Once law enforcement has probable cause that a suspect committed a crime, they will send a request to the Prosecutor to file charges. The prosecutor – who may go by various titles at different levels of government, such as district attorney, county prosecutor, state’s attorney, and city attorney – reviews the reports and investigation information before making a charging decision. Depending on the jurisdiction, the prosecutor may decide to file a criminal complaint or to present the case to a grand jury.
Prosecutors may use their discretion to charge more or less than the police recommend. They also have the ability to add additional charges that are not suggested by the police and are supported by evidence. Office policies and the prosecutor’s notion of justice can influence their decisions. For example, a prosecutor with political aspirations may prioritize cases that are perceived to be high profile. The prosecutor will also consider how much evidence is available to prove the defendant’s guilt beyond a reasonable doubt at trial.
Arrests are made
Once police have completed an investigation of a crime, they present the findings to prosecutors. The prosecutor then decides whether to file charges. The decision is based on the facts of the case and the law. The prosecution must have probable cause to believe that the suspect committed a crime.
Generally, the prosecutor’s decision is made after reviewing police reports and witness testimony. He or she also considers the victim’s statement. The formal charges are announced at the defendant’s arraignment. The suspect may have a choice of whether to plead guilty or not.
The simplest defense is that the prosecutor does not have sufficient proof to prove each element of an offense. The defendant can also claim that the prosecutor’s evidence is inadmissible or irrelevant. A criminal conviction can result in jail or prison time, a fine and probation. In addition, it can affect your job, professional license and government benefits. A criminal conviction can also be damaging to your reputation and personal life.
Charges are filed in court
A criminal charge is an official accusation of wrongdoing. It is filed by the prosecuting attorney after reviewing police reports and evidence. The charges are announced at a hearing known as arraignment. Defendants are given a copy of the formal charges and they may be read in open court. They can enter a plea at arraignment or request a trial date. A defendant can also be released on bail during this time.
The court will determine whether a crime is a felony or misdemeanor, and the severity of the punishment. Felonies are usually classified into categories based on the criminal intent element, while misdemeanors are defined by state statutes.
Defendants are generally allowed to choose their own attorneys and have the right to a jury trial. They can also ask the court to suppress certain evidence. In addition, the courts must follow constitutional requirements, including the principle of double jeopardy. Those who have been accused of crimes should hire an experienced criminal defense lawyer to guide them through the process.
Trials are held
The purpose of a trial is to determine whether the prosecution has proved that a crime was committed by the accused. This is done by a jury, or in some cases by the judge alone (known as a bench trial). If a person is found guilty of a crime they may be subject to probation, fines, and imprisonment.
The criminal charges process varies from country to country, and even from state to state. Generally, the prosecutor will review reports from law enforcement agencies and decide to file criminal charges. If they believe the evidence is strong enough, the prosecutor will either directly file the charge or request a grand jury indictment.
During the trial, witnesses testify about disputed facts. They sit on the witness stand, which faces the courtroom. Typically, each party has a lawyer. Defendants can choose to hire their own lawyers or may opt for a public defender. Both parties are given the opportunity to cross-examine witnesses.