Stages of a Case
Your Rights: There are many aspects of the criminal process. You have rights that the state cannot ever take away from you.
Crimes Defined: All the crimes that an individual can be charged with are too voluminous to list. Although, many general crimes are listed.
Helpful Tips: There are many situations when defendants look back on say, "I wish I knew I could have done that..., etc".
Stages of a Case: There are many stages in a criminal matter. It is important that a defendant understand the various court appearances, and what may be required of them.
Bail Reduction: A defendant is sometimes held on bail.
Rights For Criminal Defendents
1. Right to an Attorney - You have a constitutional right to an attorney to defend you in a criminal proceeding. The court will appoint an attorney for you at no charge if you cannot afford to hire one. At the end of the case, you may be asked to pay all or part of the cost for the court-appointed attorney, depending upon your ability to reimburse such costs.
2. Right to a Speedy and Public Jury Trial - Whenever you are charged with a crime carrying the possibility of six months or more in jail, you have the right to a speedy, public jury trial. Even a DUI charge falls under this category. At the trial, you are presumed innocent, and cannot be convicted unless 12 impartial jurors are convinced of your guilt beyond a reasonable doubt. Your attorney gets to participate in an extensive interview of the potential jurors and pick the twelve who seem the fairest for you. It is vital that your attorney select a jury of twelve people who will be open-minded, intelligent and fair in hearing your particular charge. Jury selection is a skill in itself and the right jury brings the right result.
3. Right to Confront Witnesses - As a defendant on trial, you have the right to confront and cross-examine every witness who the district attorney uses to give evidence against you. The witness can not simply write a statement and have it read in court by someone else. You get to attack that witness and show he or she is lying or is biased against you! This right is one of your constitutional protections.
4. Right Against Self- Incrimination - You have the right, at your own trial, to not testify. It is part of your constitutional right to remain silent and not incriminate yourself. It is up to you whether to testify at your own trial or not. The jury is not allowed to consider the fact that you have decided not to testify, and if the district attorney even mentions to the jury your decision not to testify, your case must be tried all over again. Your attorney is responsible for seeing that all of these rights are protected during trial. If the judge or the district attorney, tries to violate them, your attorney must be strong enough and smart enough to put a stop to it.
5. Right to Produce Evidence- You also have the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to you in your defense at trial. The strength of your defense is often based in how well your attorney has investigated your case and what witnesses he or she has found for your side of the story. A top notch investigator is necessary to gather evidence for your defense and to interview both the district attorney's witnesses, and your witnesses, in preparation for trial. Finally, a good source of "expert" witnesses is necessary in order to explain complex scientific or accounting principles to the jury. A good expert will show how the district attorney's scientists are wrong and how your interpretation of the evidence is accurate.
Reduction of Bail
A person charged with a crime is entitled to be released on bail pending trial. Bail is security given for the release of a jailed person which guarantees his attendance at all required court appearances. A person charged with an offense has a right to be admitted to bail in all cases except where the evidence of guilt is strong that he committed: A capital offense, A felony while he was free on bail awaiting trial on a previous felony, A felony while he was on probation or parole for a felony.
Any person who is admitted to bail may likewise be released on his own recognizance, i.e., released without posting bail at the discretion of the court. In setting bail, the following criteria are usually used: Financial condition of the accused; Address of the accused and his employment history; Occupation, name and address of employer; Family situation and history; Prior criminal record and pertinent facts of the particular offense.
At the discretion of the court, bail may be posted in cash or by a written guarantee called a bail bond. The person who posts the bail bond is called a surety. Individual sureties are persons who collectively own real or personal property within the state with a net worth of at least the amount set in the order for bail. A motion is often filed to reduce the bail which has been initially fixed by the court. The motion is an application to the court for an order reducing the bail, stating the grounds upon which it is made. It must be filed within the time prescribed by law. The real purpose of bail is to ensure the attendance of the accused at all required court appearances. Therefore, if we can show that the accused resides and works in the immediate area or perhaps owns property in that area, the likelihood of that person's being admitted to bail increases.
In many cases the amount set by the court is excessive, considering the accused person's financial status, the nature of the alleged offense and other facts. That is why it is customary for this office to file a Motion to Reduce Bail and have our clients' bail reduced or released on their own recognizance.