Being put under arrest is just the start of a complex legal process that most defendants find confusing and overwhelming. When a defendant knows what to expect, they may find it easier to stay calm and focused on the case. In this guide, readers can learn what happens when the police take someone into custody.
Charges
After the police present their arrest report, prosecutors review the case’s circumstances and decide how to handle it. In some cases, the prosecutor may decide that grounds are sufficient for a misdemeanor or felony charge, and then file a complaint. Alternatively, the prosecutor could recommend a grand jury trial to determine the charges. Finally, the prosecutor could decline to file charges.
Grand Jury Trials
Unlike the petit jury that decides innocence or guilt in a criminal case, the grand jury determines whether defendants should face prosecution, and which charges they will receive. A defense attorney doesn’t have the right to show evidence at the grand jury’s hearing, and a unanimous decision is not required in order to press charges. Grand juries meet in secret, which means that this part of a criminal case typically occurs behind locked doors.
The Preliminary Hearing
If a prosecutor’s office files a complaint, the defendant must receive a preliminary hearing where the prosecutor presents evidence to the court. If the judge determines that grounds exist for a trial, the defendant is left in the court’s custody until the issue is resolved.
The Trial
If the case goes to trial, it will proceed much like other cases. Both sides present evidence, the jurors hear attorneys’ arguments and they consider that evidence before arriving at a verdict. Every case is unique, and some are finished in days while others can take weeks or even months. A criminal law lawyer in Emporia KS can give a client an idea of what to expect.
Facing criminal charges can be frightening, especially if the defendant is doing it for the first time. When clients need a strong legal defense, they can call a Criminal Law Lawyer in Emporia KS. Call the office today to schedule an appointment or visit the website to learn more about the firm’s services.
