THE CRIMINAL CASE

---

Most criminal cases start out with an investigation. The investigation can be short, like taking one statement from an alleged victim, or can be detailed. The length and detail of the investigation depends on the allegations, the complexity of the crime, the number of witnesses, whether it is a misdemeanor or a felony, and whether the offense occurred in front of the police. 

Some defendants have little to no control over the investigation EXCEPT for the 5th Amendment Right to Remain Silent. This is one of the most important Constitutional Rights that a person has, yet, most people still end up making a statement to the police. 

Almost every investigation is made worse by a suspect giving a statement. 

For some misdemeanor charges, a suspect might not be arrested and booked. Law enforcement can cite a defendant out for a future court date or the prosecution can mail a Notice to Appear letter to the defendant.  

However, most suspects will go through the arrest process. Once arrested, a bail amount will be set by the bail schedule. Before going to court, nothing can be changed about this bail amount. A suspect can bail out by posting the full bail amount, or by hiring a bail bondsman to post bail for them. If hiring a bail bondman, the suspect will not get that money back at the end of the case. 

The first appearance in court is the arraignment. This is where the prosecution formally charges the defendant with a crime. This is also where the court sets bail as they have the final say. The court might release the defendant on their Own Recognizance (O.R.- their promise to appear at future court dates), reduce the bail, or raise the bail. The court may also impose other conditions as part of the defendant's release such as 12 Step Meetings, SCRAM Bracelet (alcohol monitor), or Electronic Monitoring. If the charges involve Domestic Violence, the court must consider whether to grant a Protective Order (a Stay Away Order and No Contact Order) and almost always does order this. 

Even if the suspect has committed the crime alleged, typically a plea of Not Guilty is entered at this stage unless there is some type of plea that is acceptable for the defendant. Once a plea of Not Guilt is entered, the matter is usually set for a pretrial in misdemeanor cases or a preliminary hearing in felony cases. 

Pretrials are used to negotiate the case and ensure discovery compliance. It is not uncommon for the defense attorney to be forced to request outstanding discovery that is not automatically turned over at arraignment. 911 calls, Dashcams, and Body Worn Videos can take some time for the defense to get and sometimes play a critical role in the case. There are also pretrial motions that might be appropriate depending on the particulars of the case. Defendant have a right to a Speedy Trial but in order to properly prepare, sometimes that right has to be waived by the defendant in order to protect other rights and strengthen the defense case. 

In all felony cases, the defendant has the right to a preliminary hearing. This is an extra safeguard for the defendant to establish that the prosecution has sufficient evidence against the defendant to move forward to trial. At the preliminary hearing, the prosecution must present evidence through oral testimony that there is probable cause that the defendant committed the crime/s alleged. This is a relatively low burden, but it is critical in understanding the prosecution's theory of the case and testing the strength of the evidence. If a defendant is "held to answer:, then the case moves forward to a new arraignment on the Information (charging document) and will then be set for trial. 

The preliminary hearing can also be the appropriate time for certain motions, such as a Miranda Motion or a Motion to Suppress. 

If no plea bargain can be reached that is acceptable to the defendant, the matter will proceed to trial. A criminal trial is conducted in front of 12 jurors, and all 12 jurors must agree that the defendant is guilty of the alleged crimes beyond a reasonable doubt. This is the highest legal standard in our justice system. If a single juror does not conclude that the prosecution has proven their case beyond a reasonable doubt, the court must declare a mistrial and a new trial, with new jurors, will be conducted. 

The defendant has numerous Constitutional Rights surrounding trial. Some of these rights include the right to a fair trial, the right to confront their accusers (Cross Examination), the right to subpoena witnesses or documents to mount a defense, and the right not to testify on their own behalf. 

While trials are risky, expensive, and draining, they are sometimes the only option for a criminal defendant. Criminal defendants are the ultimate underdog in the sense that the the government, with all their resources, is trying to take the defendant's liberty and freedom away from them.