What to Expect When Facing Criminal Charges: A Guide for Defendants

 

Criminal charges are serious matters that can have life-changing consequences on your future. Whether you are facing a misdemeanor or felony charge, knowing what to expect during the criminal process is vital for ensuring you get the best possible outcome.

No matter what, you want to work with a qualified legal team like our criminal lawyer Indianapolis firm so you can mitigate as much risk as possible. No one wants to spend the holidays behind bars, and you want all the support necessary to lessen the chances of missing out on your family life.

The Arrest and Booking Process

When you are arrested, the police will take you to the station and book you. This can be stressful, but it's also an opportunity for the police to gather more evidence against you. During this time, they may search your person and belongings, fingerprint and photograph you, ask questions about what happened or why they were called out in response to your actions, and generally try to figure out exactly what happened so that they can charge the right person with violating whatever laws apply here.

You'll spend some time waiting in a holding cell before being arraigned by a judge or magistrate, at which point bail will likely be set if applicable. If no bail is set, then expect detention until trial without the possibility of release on bond due simply because there isn't enough evidence yet.

The Pretrial Phase

The pretrial phase is the time between an arrest and a person's arraignment, which is when they are formally charged with a crime.

During this time, you can meet with your attorney and plan out your defense strategy. You may also have other opportunities to gather evidence or interview witnesses before they testify in court.

The goals of this phase include:

• Working out plea bargains with prosecutors (if applicable).

• Preparing for trial by gathering evidence and interviewing witnesses who will be called to testify against you at trial.

• Reviewing discovery materials provided by prosecutors so that you can prepare yourself accordingly when it comes time for trial or plea bargain negotiations.

The Trial Process

The trial process starts with jury selection. The prosecution presents its case first, followed by the defense presenting evidence and witnesses. After both sides have presented their evidence, it's time for the jury to deliberate and decide on a verdict. If you're found guilty of a crime, there are many different ways this could play out:

• You could receive probation or community service instead of jail time.

• You could be ordered to pay fines.

• If applicable, you could be required to attend anger management classes or drug counseling.

• You’ll get jail time.

Finally, if none of those options work out for you (or if your criminal lawyer Indianapolis team doesn't think they'll work), there may still be hope at sentencing. That's when your lawyer makes another plea for leniency based on mitigating factors such as mental illness or substance abuse issues and maybe even brings up some good things about yourself, like volunteer work or being a good parent.

Sentencing and Appeals

Sentencing is the punishment for a crime. The judge has the final say on your sentence and can use discretion to determine what sentence to give. They may consider mitigating and aggravating factors in determining a sentence.

After you have been formally sentenced, there is still hope. You can move through the appeals process. There may have been evidence that came to light after sentencing or some other errors that occurred during your arrest, trial, or treatment that can be exploited to overturn the final outcome.

Don't Forget to Remain Silent Without a Lawyer

Of course, there are many rights that you should be aware of. You have the right to remain silent without a lawyer. Not only is this a right, but it is also your obligation! You do not want to offer any explanations or further evidence by misspeaking to a legal authority. You never know who is listening, and you don’t want to overplay your cards.

Follow the golden rule any criminal lawyer Indianapolis team would tell you – if you do not need to speak, then don’t!

The best way to avoid the pitfalls that come with facing criminal charges is to be prepared. If you know what to expect, it will be easier for you to navigate the legal system and make informed decisions about how best to proceed with your case.

Gather all your documents, take a deep breath, and follow the advice of a qualified criminal lawyer Indianapolis team like ours.