Criminal Trial Process
Every defendant in the United States has the constitutional right to a fair trial. However, criminal trials can be complicated, drawn out, and hard to navigate. When entering a criminal trial, it is important to understand how your case might move through the court system.
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Constitutional Right to a Fair TrialWhen a person is accused of a crime, the consequences at stake are significant. A conviction can mean the loss of freedom with years behind bars. Having a criminal record can impact the rest of a person’s life and limit career and educational opportunities. Due to these possibilities, many criminal defendants seek legal counsel.
Read more- Constitutional Right to Legal Counsel
Any citizen in the United States who is facing criminal charges is guaranteed the right to legal counsel. If he or she cannot afford his or her own lawyer, one will be appointed to him or her. Despite this fundamental right, many individuals are not aware of this right, how far this right extends, the rights associated with the right to legal counsel and when a person qualifies to have a lawyer appointed by the court.
Read more - Constitutional Rights of Criminal Defendants
Individuals who are facing criminal charges have a number of key rights that must be honored throughout the process. By being aware of this information, criminal defendants can take necessary steps to protect these important rights.
Read more - Criminal Case and the Pretrial Disposition
Most criminal cases never see a trial or jury. That is due to the elimination of them through plea bargains or being dismissed entirely.
Read more - Differences between Preliminary Hearings and Arraignments
Preliminary hearings and arraignments are pre-trial proceedings that take part in criminal cases. They are similar in nature, but they have important differences. While the process involved varies by state, the general process consists of the following:
Read more - Different Standards of Proof
A standard of proof refers to the duty of the person responsible for proving the case. There are different standards of proof in different circumstances. The three primary standards of proof are proof beyond a reasonable doubt, preponderance of the evidence and clear and convincing evidence.
Read more - Criminal Law: No Contact Orders
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. Please read this article for a detailed explanation of no contact orders and the repercussions for violating no contact orders.
Read more - Trial by Jury May Be a Better Choice Than a Bench Trial
When it comes time to try a case, there are sometimes a few options. In criminal cases, matters are almost always decided by a jury. But, in civil cases, one can often opt to have either a jury or a judge decide the case. So which is better? Are there any advantages to one over the other?
Read more - Pleading Guilty or Going to Trial: Pros and Cons
When a criminal defendant makes the decision whether to plead guilty or go to trial, he or she often has much more to consider than whether he or she is actually innocent. The risks of being found guilty by a judge or jury are substantial, causing some innocent people to plead guilty in order to avoid them. A criminal defense lawyer can discuss the pros and cons of each option, but it is ultimately up to the criminal defendant to make this critical decision.
Read more - What Are the Advantages and Disadvantages of Accepting a Plea Bargain?
The prosecutor and the judge may prefer to dispose of cases through a plea bargain because doing so helps to manage case loads and reduce the number of cases that require a full trial. This helps to decrease the expense that the state will pay for this portion of the criminal justice system. Criminal defendants may also realize certain advantages by accepting a plea bargain. However, they must also be aware of the disadvantages.
Read more - What Is Proof Beyond a Reasonable Doubt?
Proof beyond a reasonable doubt is the legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. This standard applies to each element of the crime.
Read more - What Happens after Being Detained by Police?
When someone has been suspected of criminal activity, the law enforcement officers that observe the individual may arrest him or her and take him or to the police station. If the person has been detained pending an investigation or questioning, he or she may remain in a local or county jail until read his or her Miranda Rights so he or she may acquire a lawyer.
Read more - Consequences of Missing Court Dates
Individuals often face difficulties in life that cause appointments to be missed. Unfortunately, this may have a direct impact when missing a court date. These meetings are often vital to the freedom of the person involved.
Read more - Absconding During a Criminal Trial
While awaiting a criminal trial, some defendants may be allowed to be released under certain conditions set by the court. But it is a serious violation of protocol with the courts for that defendant to fail to abide by the conditions or even leave the area. This absconding during a criminal trial is a serious action that the defendant should avoid because it could negatively harm his or her case. This usually holds true no matter what the initial criminal offense is.
Read more - Can a Spouse Testify Against His or Her Spouse?
When one or both spouses are in legal trouble, the question of privileges and testimonial exceptions may arise. This is an important concept as it may prohibit one spouse from talking out against another.
Read more - Can I Block My Spouse from Testifying Against Me?
There are certain legal rules that may apply to a situation where a spouse could provide testimony against the other spouse, but some exemptions do exist in these guidelines that could ensure that the person may still testify. Understanding how the privilege works is important for both parties in a legal marriage where a criminal or civil matter arises.
Read more - Can I Testify Against My Spouse?
During certain cases and claims where a spouse suffers injury, or the other spouse causes legal problems, it is often possible to testify against him or her. However, there are many situations where it is not a permissible action due to privilege that will protect a spouse from forcible testimony against his or her married loved one.
Read more - Mugshot Photographs and The Criminal Law
Mugshots are photographs police take after booking and arrest. The term comes from the slang use of “mug” for face. Following arrest, a criminal suspect is booked, fingerprinted, and photographed for identification purposes. While the booking officer takes down personal information about the suspect and confiscates their personal belongings, the mug shot identifies and records the arrestee. Victims and investigators use the mugshot to identify the perpetrator of a crime or locate a fugitive. But since most crimes are misdemeanors and nearly 1 in 3 Americans has a criminal record, should the mugshot be used for commercial ransom?
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