What Does the Criminal Court Process Look Like for Defendants?

If you’re facing accusations of criminal misconduct, you’ll want to know what the criminal court process looks like for defendants. Our criminal defense attorneys can break this process down so you know what to expect and how you can take advantage of each stage.

Our team of board-certified criminal defense attorneys at Fighter Law, such as Attorney Tom Feiter, is here to represent your best interests in and out of court. Let’s work together to fight for your rights every step of the way.

Defendants Undergo an Investigation and Indictment

The first part of the criminal court process sees defendants undergo an investigation into any alleged criminal behavior. Most of the time, police officers must secure a warrant to proceed with an investigation, barring a few exceptions. Any officers who try to pressure you into allowing a search without a warrant may violate your Fourth Amendment rights.

Investigators who search your property and allege that they’ve found evidence of criminal misconduct may submit that evidence to state prosecutors. Prosecutors may then draw conclusions about your alleged behavior from that evidence.

Prosecutors must share this evidence with a public defender or criminal defense attorney should they choose to bring criminal charges against you. Should a prosecutor move your case forward, you’ll receive a formal notice of your indictment, which declares that the state suspects you of committing a crime. 

What to Expect From Your Arraignment

The same day you’re arrested and served an indictment, you’re likely to attend your arraignment. Arraignments, or your initial case hearing, inform you about your rights and the charges the state intends to issue against you. Arraignment proceedings give you the opportunity to contact a public defender or private counsel.

Most judges also set bail during your arraignment. If you can post bail, you must attend a hearing about the limited freedoms you have while your case progresses. If you can’t make bail, you’ll enter state custody.

The Discovery and Plea Bargaining Phase

Whether you walk on bail or enter state custody, your arraignment allows the state to open a more thorough investigation into your alleged crime. Both a prosecutor and criminal defense attorney can use the time following your arraignment to speak with witnesses and examine the evidence brought against you.

Your criminal defense attorney can collect testimonies discussing your character, your alibi, and any other details relevant to your defense. 

If you so wish, you have the right to plead guilty during discovery. You may only do so if you’ve committed the crime you’re accused of. Doing so gives you the chance to sign a plea bargain with the state. That bargain may reduce the charges brought against you in exchange for information about other criminal elements.

You can discuss the pros and cons of a plea deal with your criminal defense attorney.

Preliminary Hearings and Pre-Trial Motions

Should you plead not guilty to your charges, the state can schedule your preliminary case hearing. Preliminary hearings allow the prosecution to go into detail about the evidence they plan to bring against you. Your defense attorney can attend a preliminary hearing to better understand the prosecution’s position on your alleged crime.

The state must schedule your preliminary hearing within two weeks of the beginning of your arraignment. However, if you’re out on bail, the court may take up to three weeks to schedule your case.

Common Outcomes of Preliminary Hearings

If the prosecution can’t bring forward enough evidence during your preliminary hearing, a judge may choose to waive the criminal charges brought against you. Your defense attorney may also use this hearing to make certain pre-trial motions, including the following:

• Motion to dismiss certain charges or your entire case
• Motion to suppress certain types of evidence
• Motion for change of venue

You can discuss any pre-trial motions your criminal defense attorney intends to make before your pre-trial hearing.

What Happens During Trial and Sentencing?

Should your case progress after your pre-trial hearing, you can expect to undergo a trial. The trial process involves the following steps:

• Jury selection
• Opening statements
• Presentment of cases
• Witness examination
• Closing arguments
• Jury deliberation and verdict announcement

This process tends to last for several months, during which you and your attorney must convince a jury of your right to freedom. At the end of the day, it’s up to the jury to determine whether you’re guilty or innocent.

How to Appeal a Court’s Criminal Findings

If a court finds you guilty of alleged criminal misconduct, don’t panic. You still have the right to appeal the court’s decision in Circuit Court. You and your lawyer must successfully argue that you were wrongfully convicted or that your punishment does not match your alleged crime if you want your appeal to move forward.

Fighter Law Wants to Advocate for Defendants Like You

You don’t have to go through the criminal process alone. We encourage you to work with a Fighter Law criminal defense attorney to challenge the charges brought against you. 

For more information about the services we can offer people in your position, you can call Fighter Law at (407) 344-4837. You can alternatively contact us online to request representation.

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