First Time Arrested? The Ten Step Process You May Have to Go Through.

Yes, you probably want to run out and hire an attorney. However, it is still important to know the process you will be going through. Ignorance is not bliss especially when you are deciding which attorney is right for you. So lets take a look at criminal procedure in a nut shell.
1. After the arrest, the District Attorney's issuing deputy will file a document the "Complaint" stating the charges against you, the "Defendant".
2. An "Arraignment" date is set where you will enter a plea of not guilty or guilty. In most cases there will not be a police report to look at so it may be in your best interest to plea not guilty.
3. A "Bail Review Hearing" date is set at the arraignment if you are in custody and the judge won't allow you to be released is this time or agree to lower the bail currently set.
4. A "Pre-Trial" date is also set at the arraignment if you enter a not guilty plea. On the pre-trial date the D.A. has the police report and usually will make an offer to settle your case. If you have an attorney, they may have already spoken to the D.A. about your case.
If you are charged with a misdemeanor and have an attorney, the attorney may make all the appearances without you being present. A few exceptions include domestic violence charges due to the judge possibly ordering you to stay away from the alleged victim.
In all other cases, refusal or failure of the defendant to appear at the time of the arraignment could result in a "bench warrant" being issued for his/ her arrest.
5. With a felony charge, the next procedure is called the "Preliminary Examination". This is a hearing where the prosecutor must present enough evidence to show probable cause to believe a felony has been committed and you have committed the crime charged.
A misdemeanor case, if not settled, may proceed to jury trial or at times, your attorney may continue your case for another settlement hearing.
6. If law enforcement did not have probable cause to arrest you or cite you then your attorney could file a "Pre-trial Motion" in both misdemeanor and felony cases. Although entitled "pre-trial" these motions can be litigated and if lost, a new settlement conference could follow if you didn't want to proceed to trial. If you decide to proceed to trial , there are many kinds of motions that can be filed before trial to protect your rights to insure a fair trial.
7. The next procedure is the "Jury Trial". If the case has not been resolved by this time, than the case will be set for jury or court trial. A jury trial can be waived but both the defense and prosecution has to agree to it. If the case goes to jury trial it will be presented to 12 jurors who will decide on the facts and judge the believability of the witnesses. The presiding judge will decide on the admissibility of the evidence in compliance with the evidence code.
8. "Post Trial Motions" are filed to challenge the decision of the jury or a ruling by the judge. These motions are very important for many issues must be raised at trial or in post-trial motions to be preserved for appeal.
9. If convicted, the defendant is "Sentenced". A sentence is deemed to be punishment received by the defendant who either plead guilty or is found guilty by a jury or court (if a court trial).
It is important to note state court judges retain more discretion than Federal judges in sentencing. The defendant ,if found guilty, may "Appeal" the verdict. However, this can be quite costly and the chances of winning quite slim.
10. However, through an "Expungement" a person's record may possibly be cleaned and his/her conviction removed from their record. Certain charges can not be expunged for example; sex offenses against children.
ABOUT THE AUTHOR: Cherie L. Brenner
Cherie Brenner has been practicing criminal defense law for over twenty years. She has handled over a thousand cases from DUI to Capital Death. She has been certified through Harvard Law School's negotiation program and UC-Hastings Law School in trial advocacy. Ms. Brenner has a masters degree in psychology and teaches law at a local university. She is a published author and continues to inform and update the public on the law. Also view http://www.TheBrennerLawFirm.com.