An arrest is carried out when a police officer either has a warrant or has witnessed the suspect committing a crime. Once arrested, the suspect is taken by the police officer to jail to be fingerprinted and photographed. The suspect is asked a series of questions and then placed a holding cell. The suspect can make phone calls within the first three hours. Defendants typically call family members and are advised to contact an experienced criminal defense attorney. Within two days of being placed in custody, the defendant will have a court hearing and the ability to meet with a lawyer beforehand.
Once the defendant enters the courtroom, the judge informs them of the crime they are being charged, and the suspect decides which plea bargain to pursue. The plea options include: guilty, not guilty, not guilty because of insanity, and no contest. It is important to speak with your attorney and determine the best approach.
Guilty: The defendant admits guilt to the allegations and accepts responsibility to the consequences.
No Contest: The defendant does not admit guilt but also does not dispute the allegations brought against them.
Not guilty due to insanity: Similar to a plea of ‘not guilty,’ the defendant does not accept responsibility for the allegations but may be placed under psychiatric supervision.
Not Guilty: The defendant does not admit fault to the allegations and must prove to the judge and jury beyond a reasonable doubt that they did not commit the crimes.
The defendant can choose whether to have a jury trial before a group of their peers or a bench trial in front of only a judge. An experienced attorney can help you determine which approach is best suited for your case. If the defendant is found innocent charges will be dropped and they will be free to go. On the other hand, if they are found guilty or have pleaded no contest a sentencing hearing will be held to determine penalties. Penalties can include jail time, community service, and monetary fines.