Although legal code procedures vary by state, the essential method is mostly constant regardless of wherever you're in remission. the first objective of the criminal method is to work out whether or not there's enough proof to prove that you just committed a criminal offense. you're plausible innocent, therefore the burden is on the prosecution to determine your guilt.
Arresting the Suspect
The criminal method usually starts with Associate in Nursing arrest. Associate in Nursing arrest happens once police formally take you into custody. If that happens, you've got the proper to stay silent and not answer any queries expose by the police. you'll sometimes be suggested of this right, Associate in Nursingd your right to possess an professional person, though police aren't needed to tell you of those rights unless they prefer to question you.
The police could hold you till official document, otherwise you could also be free with data concerning the primary court date. If you're free and fail to look at the official document, a decide can issue a warrant ordering the police to bring you before the court.
Entering a Plea at the official document
The official document is that the 1st court hearing following Associate in Nursing arrest. The decide at this hearing can tell you which ones crimes you're defendant of committing, and you may be needed to enter a plea to every charge. you'll plead "guilty" or "not guilty." If you wish Associate in Nursing professional person and can't afford one, the decide can assign Associate in Nursing professional person to you at no charge. If you're in police custody, the decide may additionally set bail. Bail is Associate in Nursing quantity of cash you'll be able to pay to the court in exchange for being free from police custody whereas your criminal case works through the system.
Determining whether or not an attempt may be command
After the official document, consequent step within the method is typically a preliminary hearing or a jury continuing. A preliminary hearing offers the prosecution an opportunity to convert a decide that there is enough proof to travel to trial. The prosecution will gift proof and question witnesses, and you'll be able to do constant.A jury continuing permits the prosecution to gift proof to a jury.
The prosecutors can decide to convert the jury that enough proof exists to charge you with the crime. this is often referred to as Associate in Nursing indictment. you're not allowed to gift proof or question witnesses at a jury continuing. If you're charged by the jury, you'll have a second official document on the jury charges.
The Trial process and Sentencing
A trial permits you and also the prosecution to gift completely different versions of the crime you're defendant of committing. The prosecution presents its case 1st. you've got the proper to question witnesses referred to as by the prosecution. At the top of the prosecution's case, you gift your version of events, and also the prosecution could question every of your witnesses. At the top of your presentation, the jury can attempt to reach a call and you may learn of the decision. A jury could notice you guilty or clean-handed. If the jury finds you guilty, you will be sentenced by the decide.
A Criminal professional will facilitate
The law encompassing criminal procedures is sophisticated. Plus, the facts of every case area unit distinctive. this text provides a short, general introduction to the subject. For additional elaborate, specific data, please contact a criminal professional.
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