Arrests

For serious crimes, the police typically take suspects to a police station or a jail where they will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear specifying where a suspect is to appear for his arraignment. An arrest may have serious ramifications such as a loss of employment due to inability to pay bail, social stigma and (in some cases) the legal obligation to declare arrests when applying for a job, loan or professional license.

Arraignment

Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed. In addition, US jurisdictions allow pleas of "nolo contendere" (no contest) and the "Alford plea" in some circumstances.

Probable Cause Hearings

In the United States a probable cause hearing is the preliminary hearing that typically takes place after arraignment and before a serious crime goes to trial; the judge is presented with the basis of the prosecution's case and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. If the prosecution cannot make out a case of probable cause the court must dismiss the case against the accused.

Plea baragining

Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts.

Trial

Once charges have been brought, the case is then brought before a petit jury, or is tried by a judge if the defense requests it. The jury is selected from a pool by the prosecution and defense. The burden of proof is on the prosecution in a criminal trial, which must prove beyond a reasonable doubt that the defendant is guilty of the crime charged. The prosecution presents its case first, and may call witnesses and present other evidence against the defendant. After the prosecution rests, the defense may move to dismiss the case if there is insufficient evidence, or present its case and call witnesses. All witnesses may be cross-examined by the opposing side. Under the Fifth Amendment to the United States Constitution, the defendant is not required to testify, but must answer the prosecution's questions if he or she does testify. After both sides have presented their cases and made closing arguments, the judge gives the jury legal instructions; the jury then adjourns to deliberate in private. The jury must unanimously agree on a verdict of guilty or not guilty.

Sentencing

If a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the determination of guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence.

Appeals

After sentencing, the defendant may appeal the ruling to a higher court. American appellate courts do not retry the case; they only examine the record of the proceedings in the lower court to determine if errors were made that require a new trial, resentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before verdict is rendered, and may also appeal from the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself.

Alfredo A. Izaguirre, P.A.
Attorney At Law
338 Minorca Ave
Coral Gables, FL 33134-4304
Phone: 305-442-0425
Mobile: 305-338-6988
Fax: 305-442-0429
Email: alfredo@izaguirrelaw.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Alfredo Izaguirre, P.A. is a Miami, Florida based criminal defense lawyer and attorney firm offering criminal defense services in both State and Federal Court. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a Miami criminal defense attorney / client relationship.