ARRESTED
I
WAS ARRESTED - WHAT CAN I EXPECT
After you have been arrested a document
will be filed stating the charges against you (the defendant.)
Your first time you appear in court is
called a “First Appearance.” No plea of guilty or not guilty should be
taken. The purpose is for the Judge to
ensure that you have and know the complaints against you and know your rights.
An “arraignment” date will be set.
During that time you enter a plea of guilty or not guilty.
A “Bail Review Hearing” date will be set
during the arraignment.
A date would then be set for the
“Pre-Trial” if you entered a not guilty plea. During the pre-trial date the
Prosecutor may make an offer to you to settle your case. If you decided to
retain an attorney they will take care of that portion for you and seek the
best deal.
An attorney may be able to make all
appearances without you being present. If either you or your attorney does not
appear at the time of the arraignment, this could result in a “bench warrant.”
There may be pretrial conferences to
discuss various motions.
The “Jury Trial” comes after if the case
has not yet been resolved. In order for a jury trial to be waived, the defense
and the prosecution have to agree. However, if it does have to go to trial then
the case would then be presented to 12 jurors who will decide on the facts if
the defendant is guilty or not guilty.
Lastly, if convicted, you would be
“sentenced.” The sentencing time is to the judge’s discretion.
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