The Ritchie Law Firm represents people who are defendants in criminal cases. The Firm is comprised of attorneys with experience as former Municipal Judge, former Municipal Prosecutor, and former defense in the indigent defense system as well as fee-based representation of people in criminal cases.
The process of a criminal case from beginning to end is complex and not well understood by most people. The purpose of the following information is to assist the common person in understanding the various stages of a criminal prosecution.
Very generally stated, the arrest occurs when a person is taken into custody and deprived of his freedom to leave by law enforcement on the accusation that the person has committed a crime. The person is then held by law enforcement pending his initial appearance before a judge. In some instances, depending on the nature of the crime charged, the person may be able to post bail and be released pending his initial appearance in front of a judge.
This follows the arrest very quickly. The purpose is for the person to appear in front of a judge where he is informed of the specific charge that is being made against him, to be informed of his rights to an attorney as a criminal defendant, and for an amount of bail to be set by the judge. The purpose of bail is to insure that the person does not run. It is not to be a punishment. It is to secure the person's attendance at future court proceedings. In some instances a person is released without bail where the court is satisfied the person will not run.
The purpose of the Preliminary Hearing is to ensure that there is a reasonable basis (probable cause) to believe that the crime alleged to have occurred did occur, and a reasonable basis (probable cause) to believe that the person accused of committing the crime did commit the crime. There is no finding or judgment of guilt at this stage of the proceeding. The purpose is to weed out baseless charges or unfounded accusations against a person. The prosecution puts on evidence at this proceeding only for the purpose of fulfilling these requirements. Most commonly the Defendant does not put on any evidence but merely cross-examines the state's witnesses. At the conclusion of this hearing the matter is either dismissed and the Defendant released or the Defendant is bound over for trial. This does not mean the person is guilty. It simply means that the judge is convinced there is sufficient evidence that a jury could reasonably find the person guilty.
In this stage a person appears once again in front of the Judge where the person is formally charged and enters a plea of to the charges. The plea may be guilty or not guilty (there are other forms of pleas). If the person pleads "not guilty" then the matter is set down for trial and the case proceeds to a determination through trial of the person's guilt or innocence.
All along this process there are many other procedural and substantive matters that take place which are dependent upon the case. Some things along the way are plea negotiations, trial by jury or trial only to a judge, hearings on admissibility of evidence, hearings over amounts of bail or conditions of bail, and much, much more.
The Ritchie Law Firm welcomes the opportunity to answer questions you may have and to discuss particular legal matters with you.
This information is provided for general information purposes only and is not legal advice. If you are charged with a crime you should seek personal representation by an attorney to assist you in the case.