Being arrested and charged with a criminal offense can be an extremely stressful and daunting experience. Whether arrested for a misdemeanor or felonious offense, you may begin asking yourself several questions. Will I go to prison? How long will I have to stay in jail? Will I be granted a bond? How am I going to get through this?
The Swanson Law Firm has extensive criminal litigation experience and is capable of providing zealous representation in both State and Federal criminal law matters.
Being arrested and charged with a criminal offense can be an extremely stressful and frightening experience. Whether the arrest was for a misdemeanor or felony offense, several questions may immediately begin racing through your mind. How long will I stay in jail? Will I receive a bond? What if I cannot afford bond? What are the possible punishments I could receive? These are all important questions – and not ones you should be forced to face on your own.
Regardless of the charges alleged, you deserve excellent representation through the highest quality of advocacy. It is beneficial to obtain an attorney who possesses the knowledge, experience, and dedication required to help you navigate through the criminal justice process. The Swanson Law Firm prides itself on providing exceptional representation, every time.
When searching for an attorney to help defend against criminal charges, it is important to find someone who is not solely concerned with entering a guilty plea, as soon as possible, with the hope of receiving a decent plea offer. Although the overwhelming majority of criminal cases end in some sort of plea deal, there are several important facts an attorney should investigate prior to entertaining any thoughts of pleading guilty.
The United States Constitution affords certain guarantees and protections that, if not followed, could result in the dismissal of criminal charges. Unreasonable searches and seizures; unlawful detentions; and failure to provide the Miranda warning are all examples of constitutional guarantees that can cause a case to be dismissed.
Additionally, the burden in any criminal case resides solely with the prosecution. Prosecutors are required to prove a defendant’s guilt beyond a reasonable doubt. This is the highest legal burden that exists in our judicial system. Any evidentiary issues, excluded evidence stemming from constitutional violations, or lack of credible facts/evidence can prohibit the prosecution from meeting their required burden of proof.
General Process in State Criminal Cases:
Arrest.
Most criminal cases brought forth in state court start with a police officer or some other law enforcement official effectuating the arrest of an individual accused of committing a crime.
Initial Appearance.
The initial appearance is required to be held no later than 48 hours (excluding weekends and holidays) after the arrest and detention of an accused individual. At the initial appearance the accused must be informed of the pending charge(s), their right to an attorney, and the right to remain silent.
Bail.
At the initial appearance as well as numerous times after, the court can consider releasing the accused on a bond. In doing so, the court is supposed to consider several facts including whether the individual is a flight risk (meaning there is a belief the person will not appear for subsequent court proceedings) or a danger to the safety of the community. There is a rebuttable presumption that an accused individual should always be released on their own recognizance or promise to re-appear.
Preliminary Hearing/Indictment.
In order for a charge to proceed, there must be a formal finding of probable cause. Probable cause is merely a belief that a crime was committed,
and the accused is the person who committed the crime. It is in no way intended to suggest or be indicative of actual guilt. Probable cause can be found during a preliminary hearing – in front of a judge – or through a true bill/indictment, returned by a grand jury. In the event probable cause is not found, the case will be dismissed.
Arraignment.
During arraignment, there is a formal reading of the charges, and the accused individual is required to enter a plea. That plea can be guilty or not guilty. If no plea is entered, the court will enter a plea of not guilty on the accused individual’s behalf.
Discovery.
The state is required to provide all relevant evidence within its possession. This exchange of evidence is commonly referred to as the discovery process. Relevant evidence includes but is not limited to: police reports; witness statements; photographs; surveillance videos; and any exculpatory evidence (evidence that could potentially exonerate the accused). Failure to provide the defense with discovery can result in consequences, including a dismissal of the pending case.
Status Conferences.
Throughout the pendency of a criminal case, the court can schedule status conferences to check into the status and progression of the case. Status conferences can work to prevent cases from becoming stagnant and also ensure applicable rules and procedures are being followed.
Pre-Trial Motions.
Whenever there are constitutional or evidentiary issues, parties are allowed to submit various motions (requests) in an attempt to resolve the issues. This stage can be essential to attacking the evidence of the opposing side or any refusal to provide required evidence. For example, evidence collected by law enforcement as a result of an improper stop, search, or seizure can be suppressed (excluded) in a motion requesting exclusion. Both the exclusion of evidence and refusal to provide the defense with required evidence can result in a case being dismissed.
Plea Bargaining.
After a thorough and complete review of the evidence, facts of the case, and analysis of potential outcomes, some accused individuals will choose to plead guilty to the crimes for which they are accused. In the event an individual decides to plead guilty, the defense attorney should work with the prosecution to obtain the best and most favorable outcome for the accused. There are limited circumstances in which, despite an agreement between the prosecution and defense, the court will reject a proposed plea offer.
Trial.
The Sixth Amendment grants individuals charged with criminal offenses the right to a trial by a jury of their peers. In the event the accused elects to maintain their plea of not guilty, the case will be set for trial. At trial, the prosecution must prove the guilt of accused beyond a reasonable doubt. Each side will be able to present evidence through various means including: direct examination; cross examination; photographs; physical objects; videos; eye-witness testimony; etc.
Sentencing.
In the event an accused individual goes to trial, and is found guilty, a sentence will be imposed by the jury or the judge who presided over the trial. The Eighth Amendment prohibits unfair or excessive punishment. Additionally, at sentencing, certain mitigating factors can be considered in an attempt to reduce the severity of the punishment imposed.
Appeal.
In the event an accused individual goes to trial and is convicted or otherwise found guilty, a request can be made for an appellate court to review and potentially overturn the criminal conviction or remand the case back to the trial level for a retrial.
The Swanson Law Firm has extensive criminal litigation experience on both the state and federal levels. Attorney Swanson has handled a wide array of criminal offenses including, but not limited to: drug related offenses, assault, robbery, driving under the influence, and firearm offenses.
If you or a loved one are charged with a criminal offense, and are in need of legal representation, call us today at (314) 492-2380 or send an email to schedule your free consultation.
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