What to Expect From the Criminal Process
Even though being charged with assault can be harrowing, there are ways to at least make the moment-to-moment experience more bearable. One of the best ways is to have a rough idea of what you can expect from the process.
Below, we’ll take a bird’s-eye look at the major phases of the criminal process and how your lawyer can help you get through them. It’s important to note that although this overview is intended to discuss broad principles that are applicable to most jurisdictions, there may be important differences between the information in this article and the particulars of your case. We can’t know those particulars until after your free case review.
Arraignment
The word arraign means to “call before the court”. This happens at your first pre-trial hearing, called the arraignment hearing. In general, the arraignment hearing has three goals:
to officially inform the defendant of the charge(s) against them;
to record the defendant’s plea (guilty, not guilty, no contest, etc.)
to ascertain if they have a lawyer and, if they don’t, provide them one.
If you hire a private attorney, you can show up to your arraignment hearing with representation at your side. This of course has advantages, both legal and emotional. If, on the other hand, you use a public defender, the arraignment hearing will probably be the first time you meet your lawyer.
Pre-Trial Hearings
Subsequent pre-trial hearings are mostly for the purpose of preventing a trial. The best-case scenario for the defense is to have all charges dismissed by the judge. Meanwhile, the best-case scenario for the prosecution is to secure a guilty plea.
The prosecution tries to get their guilty plea by offering a plea bargain to the defendant. For example, “If you plead guilty, we’ll give you a reduced sentence.” Or, “If you plead guilty to this reduced charge, you’ll get that reduced sentence and other potential benefits of being convicted of a lesser crime.” It’s critical to have good legal counsel when evaluating the offer of a plea deal and when coming up with a counteroffer.
If the charges aren’t dismissed and a plea agreement can’t be reached, the case goes to trial. That is, the prosecution begins seeking a conviction and the defense begins seeking an acquittal.
Trial
On its quest for a conviction, the prosecution tries to show the jury (or the judge in a bench trial) that it would be unreasonable to doubt the defendant’s guilt. Meanwhile, the defense tries to show–not necessarily that the defendant is innocent–but that the prosecution has not shown that it would be unreasonable to doubt the defendant’s guilt.
Conclusion
Between an arraignment hearing and the start of a trial, many things can happen. So many, in fact, that a trial might end up being unnecessary. For someone accused of a crime like assault, it’s critical to have someone by your side who knows how to fight for a dismissal, an acquittal, or a favorable plea deal.
If you’re in this situation, reach out to Verity Criminal Defense for a free case evaluation–and quickly. Besides helping your case turn out favorably, we can also make the experience less unpleasant by educating you, collaborating with you, and otherwise being the support you need to get through this moment of your life.