After the Arraignment

Two months ago, we published an overview of what to expect from the criminal process. Last month, we zoomed in on how a private lawyer can help you through your arraignment. Today, we move from the arraignment to the pretrial hearings which are also known as omnibus hearings. 

From a bird’s eye view, omnibus hearings have two overarching purposes: 1) determining if the prosecution even has a case (and looking for reasons to believe they don’t); 2) addressing other matters such as discovery, motions, plea negotiations, and scheduling.

1) Does the Prosecution Have a Case?

This question isn’t necessarily about evidence and guilt. Before we even get that far, it’s about determining if the prosecution has broken any rules, thereby forcing the judge to simply dismiss your charges. 

If your lawyer catches something like this, they can file a motion to exclude evidence that was obtained illegally. One classic example is evidence that was obtained via a search that they didn’t get a warrant to perform. Another is a coerced confession. We like to think that these don’t exist in America but, as anyone who’s seen the myriad documentaries on Netflix can tell you, they do. 

2) Other Matters

If the prosecution hasn’t sabotaged themselves into having your case dismissed, a good defense lawyer can still find weaknesses in the evidence or discover reasons your charges should be reduced. For example, if you’re being charged with first degree assault but the alleged victim was never in any real danger of dying, it may be relatively easy to get the charge reduced to second degree.

Your lawyer will also know about alternatives to jail or prison time. Would an anger management program accomplish some of the same goals? Or therapy? Or community service? These are just a few tips of the proverbial iceberg that your defense attorney can employ to secure the best possible outcome for you, while potentially avoiding a full-blown trial.

Conclusion

Everyone knows that if you can manage it financially, hiring your own private lawyer to defend you in court is preferable to being assigned a public defender. These are a few examples of why that is. And because the fees you pay them are more than a public defender makes, they don’t need to carry as many clients which means they have the brain space to really dig into your case and think deeply about what could work for you.

If you’re being charged with a crime, especially one in the general realm of assault and battery, reach out to Verity Criminal Defense for a free case review. We’ll touch base and listen closely. Who knows–depending on the particulars of your case, we may even be able to get the whole thing thrown out.