by Anne Lane
The criminal process typically begins with a stop or an arrest. It could end at any point up to the time of sentencing, depending on the facts and circumstances of any particular case. You have certain rights at every stage of the criminal process. The following is a brief explanation of each step from a stop through sentencing.
You may be stopped for questioning by the police. A stop is not the same as an arrest. A stop occurs when a police officer detains you to ask you questions, but does not move you to a different location. A police officer should not stop you unless he has a reasonable belief that you have violated the law. Even though you are not under arrest at this point, you do not have to answer any questions that the police officer asks you. The police may also ask to search you or your vehicle. The police officer cannot search your car without your consent unless he has "probable cause". "Probable cause" is a legal determination that you won't be able to challenge until later. Because of this, you may want to tell the police officer that you do not consent to a search of your vehicle. The police officer may perform a search anyway, but if it is later determined that there was not probable cause, at least you won't have consented to the search. The police officer could decide at this point that there is no reason to arrest you and your involvement in the criminal process could end here.
Each jurisdiction has different rules regarding when an individual can be placed under arrest. In general, an officer can arrest you if he has probable cause to believe that you committed a felony, or if he sees you commit a misdemeanor, or if there is a warrant for your arrest. When you are arrested you will be taken into police custody.
When you are placed under arrest, the police must inform you of your constitutional rights. This includes your right to remain silent and your right to obtain the advice of an attorney. When you are arrested you should be given an opportunity to contact a lawyer or anyone else you want to let know what has happened to you. You are not limited to a single call. Once you are arrested there is a limited amount of time before you must either be charged with a crime or released. If you have been held for an unreasonable amount of time without being charged, your attorney can ask a judge to order your release.
After you are arrested and charged with a crime you will be booked. You will be finger printed. Your name and the crime that you have been charged with will be entered into the official police record. Your personal belongings will be taken from you for safe keeping while you are in custody. They will be inventoried and you will be asked to sign the inventory. Depending on the charge and the circumstances of your case, you may be released and ordered to appear for your hearing in court. You may be released on your own recognizance or you may have to put up a certain amount of bail to secure your release.
In other instances, you may remain in police custody until there is a court hearing on your release. If this happens, you will be asked to enter a plea. You can enter a plea of "not guilty", "no contest", or "guilty". If you enter a not guilty plea the judge will decide on the terms of your release or if you will be released pending your trial.
If you enter a plea of no contest or of guilty, there will not be a trial. In this situation, you will either be sentenced immediately or sentenced at a later time. If you are to be sentenced at some point in the future, the judge will determine whether you should be held in custody until sentencing or whether you should be released and ordered to appear for sentencing.
If you entered a not guilty plea you will have a trial. At the end of your trial, if you are found not guilty, you will be free to go, and, for you, the criminal process will end at that point. If you are found guilty, you will go through the sentencing process as described above.
Having a lawyer with experience in criminal defense can make a tremendous difference to the outcome of your case. He or she can help you through every stage of the criminal process.
- What Happens When A Person is Charged With A Crime? - Certain constitutional protections apply to a person charged with a crime.
- What Happens When You are Arrested - In addition to knowing what your rights are when you are arrested, it is important to know the typical procedure for an arrest.
- The Criminal Process: How it Works - The criminal process typically begins with a stop or an arrest.
- When the Victim of Identity Theft is Your Employee - All across America, the fastest-growing white-collar crime in the nation has been identified as "identity theft" -- and it's affecting individuals and employers alike in insidious ways.
- Rights You Need to Know if You are Arrested - If you have an encounter with the police and are facing arrest there are several things you should be aware of.
- Fourth Amendment - Learn About Search and Seizure - The Fourth Amendment places limits on the government's authority to arrest, search, and take property from individuals.
- Drug Crimes - Information if You are Arrested - Those accused of drug crimes face the possibility of serious consequences, like jail time, fines, loss of property, and driver's license suspension.
- Miranda Rights: A Brief History - In 1966, the Supreme Court ruled that suspects arrested for breaking the law must be informed of their right to remain silent and their right to counsel before being interrogated by law enforcement officers.
- What is the Fifth Amendment? - The Fifth Amendment protects you in any legal proceeding from saying anything that may be used to incriminate you in a criminal prosecution.
- Right to Trial by Jury - The right to trial by jury is an important right guaranteed in the U.S. Constitution.
- Statutes of Limitation - If you have been accused of a crime, it is important to be aware that there may be a deadline by which charges must be brought against you.
- How to Post Bail - To avoid lengthy prison stays, courts offer suspects an opportunity to leave jail by posting bail.
- Right to an Attorney - The right to an attorney is provided U.S. citizens in the Fifth and Sixth Amendment.
- Criminal Trial Procedure - Municipalities, states and the federal government all have their own set of procedures for criminal trials.
- What is a Attorney-Client Privilege? - Attorney-client privilege protects certain communications between a client and his or her lawyer.
- Types of Serious Crime and Punishment - The most serious crimes in our nation are considered felonies.
- What is a Misdemeanor? - Crimes that are punishable by imprisonment of more than five days and up to a year are considered misdemeanor offenses.
- Violent Crimes - Violent crimes take place when a person threatens to use force or actually uses force against another human being; force may be used with or without the aid of a weapon.
- How a Felony May Affect Employment - Many employers (especially medium to large corporations) are not willing to take a chance on an ex-convict; this can make it very difficult to find a job.
- How will Pleading Guilty to a Felony Affect Your Life? - When you plead guilty to a criminal charge, you are waiving several of your rights.
- What is a White Collar Crime? - White collar crime is any non-violent act that involves the use of deception to commit fraud.
- What is an Alibi? - As it relates to law, an alibi is a type of defense that asserts a defendant was somewhere else when the crime they are accused of took place.
- What are Common Defenses for Criminal Charges - When you face criminal charges, it is important to not only be aware of your rights but also the possible defenses available to you.
- What is a Plea Bargain? - A plea bargain is an agreement between the prosecution and the defense whereby a person accused of a criminal offense may plead guilty to a criminal charge in exchange for a more favorable settlement.
Find A LawyerFinding a lawyer couldn't be easier! To locate a lawyer in your area choose your state, then your city and then choose a type of law relevant to your situation.