08 Mar 2008 12:28:19 | Jody Ehrhardt
Although most people never expect to be charged with a crime,
there can come a time when that can happen. These types of
charges can range form warrants being issued for aid traffic
tickets to individuals filing lawsuits against you. The best
time to prepare for being charged with a crime is before it ever
happens.
Since lawsuits and arrests can move quickly, it is best to
understand the basic events that lead up to and constitute being
charged with a crime prior to the being charged. If you are
knowledgeable about the events beforehand, the process can go
easier and hopefully, be less intimidating.
No matter which type of crime you are charged with, the
proceedings will usually happen in a predetermined way. First, a
warrant will put for your arrest. If a warrant is issued against
you, you will usually be notified of the warrant by being
served. Being served means that a police officer will locate you
and deliver your warrant papers in person. On rare occasions, a
person is arrested before being served with a warrant. In these
cases, the arresting officer must show the warrant papers within
a reasonable amount of time after the arrest has been made.
After you have been arrested, you will be taken to the police
station to be booked. Being booked means that you will be
fingerprinted and a file will be opened regarding your case.
After being booked, you will generally spend a short amount of
time in jail while you await your initial hearing and arrange
payment for bail.
While you are in jail, you are allowed to contact an attorney.
Any person charged with a crime has the right to seek legal
representation. It is very important that you at least meet with
an attorney before your initial hearing. If you cannot afford an
attorney, or you have not chosen an attorney yet, the court can
and must appoint a lawyer for you.
During the initial hearing, you will be asked to make a plea of
guilty, not guilty or no contest. Your attorney will advise you
as to which plea is most favorable for your situation. Even if
you are guilty you may opt to plead not guilty. Some defendant's
choose to do this if they feel that the prosecutor does not have
enough evidence against them to prove their case. If you plead
not guilty, you will be given a trial in which it is the
responsibility of the prosecution to prove your guilt. If you
plead guilty or no contest, you will not be given a trail,
rather you will go straight to a sentencing hearing.
If you are proven not guilty at your trial, you will be
released from custody. If you are found guilty, you will be
given a sentencing hearing.
A sentencing hearing is a hearing that allows all parties
involved in your case to express the facts involving your case
that may affect your sentence. These parties could include your
accuser, yourself or persons who are defending your case.
After the hearing the judge will consider all evidence
presented and then make a decision regarding your sentencing.
Your sentencing could include additional jail time, monetary
fines, community service or mandatory treatment programs.
Depending on the severity of your crime, the evidence against
you and your initial plea, the degree of sentencing could vary
greatly. For smaller crimes, sentencing may only include a small
fine and no jail time.
To insure that all of your rights are protected and that you
receive the least sentencing possible, it is important that you
hire a competent attorney and become knowledgeable about all of
your rights.
About Author :
Jody Ehrhardt writes for