If you have been charged with a crime, you likely recognize you are facing a maze of legal intricacies that can be very difficult to master. The better you understand the legal basics when it comes to criminal charges, the better prepared you will be to take your next steps forward. And once you have an experienced Moody criminal defense attorney at The Law Office of Brett H. Pritchard backing you up, you can proceed with the confidence that comes from knowing you are in good legal hands. 

From Arrest to Trial in a Moody Criminal Case

Every criminal case is specific to the circumstances involved, but the basic steps follow a set order. 

Arrest

The criminal justice process generally begins with arrest, which involves being taken into custody based on probable cause or an arrest warrant. Probable cause means that the police must have a reasonable basis for believing you committed the crime for which you were arrested.

Arraignment

An arrest typically leads to an arraignment, which is where you will be formally charged and where you will plead either not guilty, no contest, or guilty, which is generally not advised. 

The Need for an Indictment

If the charge against you is a felony, the state will likely need to obtain an indictment from a grand jury before proceeding. If they obtain an indictment, it is called a true bill, and if they do not, it is called a no bill. 

Pretrial Hearings

Pretrial hearings will commence from here. Both the defense, which refers to you and your dedicated criminal defense lawyer, and the prosecution are likely to file motions, submit evidence through the discovery process, and submit witness lists.

The Potential Negotiation of a Plea Deal

Somewhere along the way, you will likely focus on negotiating a plea deal if doing so is determined to be beneficial in your case. Negotiations may start early on and can continue right up to the point prior to you being found guilty or not guilty.

Trial Preparations and Trial

If your case goes to trial, a good deal of effort will go into preparing for your court date. And you can count on your diligent criminal defense attorney to leave no stone unturned in their focused advocacy for your case’s best possible resolution.

Your Sentence

If your case was finalized in court and you were found guilty, your sentencing will follow. Your sentence will be based on factors like the severity of the charge, whether it was your first offense or not, if there are any aggravating factors involved, and beyond.

Appeal

Finally, if you have grounds for appeal,  you can take the matter of your conviction up with the appeals court. Common examples of grounds for appeal include claims of prosecutorial misconduct and the improper admission or exclusion of evidence.

Keeping Your Rights in Mind

As you move through each of the steps on the path forward, keeping your rights in mind is key. 

The Right to an Attorney and the Right to Remain Silent

Your right to an attorney and to remain silent make up your Miranda rights. These are constitutional rights that are a cornerstone of our criminal justice system. If you only commit one set of rights to memory, let it be your Miranda rights.

Your only obligation when it comes to talking to the police is sharing basic identifying information with them. Once you have accomplished this, it’s time to announce your decision not to do any more talking and to have an attorney represent you. From here, the last step is refraining from talking.

The Right to Due Process

Due process refers to the fundamental legal principle that guarantees each of us fair treatment in relation to the judicial system. Prime examples include all the following:

• The right to be informed of the charge against you
• The right to a fair trial
• The right to a jury of your peers
• The right  to a speedy trial and to a timely appeal – as applicable

The Right to Protection from Unreasonable Search and Seizure

Law enforcement is bound by exacting requirements when it comes to searching you or your property and to seizing any evidence they may find. In essence, this means that the police must have either a warrant or probable cause to engage in search and seizure. 

Trust an Experienced Moody Criminal Defense Lawyer to Help

Brett Pritchard at The Law Office of Brett H. Pritchard is a dedicated Moody criminal defense attorney who has a wealth of imposing experience fiercely defending our valued clients’ legal rights – in focused pursuit of optimal case outcomes. We care about you and your case, so please do not wait to contact or call us at (254) 220-4225 for more information about what we can do to help you.