Facing criminal charges in Bay County can be frustrating and overwhelming. This is especially true if you are unsure of what to expect throughout the process. Knowing the criminal justice process can help you prepare for your case.
The Criminal Justice Process
The criminal justice process involves several steps that can take several months to years to complete.
Initial Appearance and Bail
Within 24 to 48 hours of your arrest, you will have an initial advisory appearance before a judge. This hearing serves to inform you of the charges against you. It’s also the stage where bail may be discussed.
Explanation of Bail and Bond
Bail is money or property pledged to the court to ensure you return for future proceedings. Factors like the severity of the crime, your criminal history, and flight risk influence the judge’s decision. Types of bail include cash bail and bail bonds. A bail bond involves paying a percentage of the bail amount to a bondsman who covers the rest.
Arraignment
During your arraignment hearing, you will enter a plea of guilty, not guilty, or no contest. Pleading not guilty sets the stage for trial, while a guilty or no-contest plea could lead to sentencing without trial.
During arraignment, you have the right to an attorney. If you cannot afford one, a public defender will be appointed. You also have the right to a speedy trial, meaning your case should be resolved in a timely manner as per legal standards.
Pre-Trial Proceedings
Several steps occur before trial that allow you to build your case.
Exchange of Evidence
Discovery is the process where both parties exchange evidence. This includes anything that might be used to prove or disprove the charges. It’s a critical phase where your defense attorney can scrutinize the prosecution’s case against you.
Common Pre-Trial Motions
Pre-trial motions have the power to influence how your case moves forward. A motion to dismiss argues that the charges should be dropped due to insufficient evidence. A motion to suppress aims to eliminate unlawfully obtained evidence from consideration. These motions can significantly impact your defense strategy.
The Plea Bargaining Process
Plea bargaining involves engaging in negotiations with the prosecution to resolve the case without trial. Consider accepting a plea deal for a reduced charge in return for a more lenient sentence. While it can resolve matters more quickly, carefully weighing the pros and cons of making a deal is essential.
Trial Process
There are several steps involved in the trial process, including the following:
Selecting a Jury
A fair and impartial jury is vital for a just trial. Both the prosecution and defense have a say in selecting jurors. They can challenge potential jurors who they believe might be biased.
Opening Statements
Opening statements are the first part of the trial. The prosecution outlines their case first, followed by the defense. These statements provide a roadmap of what each side intends to prove.
Presentation of Evidence
The prosecution presents its case first, featuring witness testimony, physical evidence, and documents. The defense then counters with their own evidence and witnesses. Both sides aim to strengthen their positions while challenging the other’s case.
Purpose and Structure of Closing Arguments
Closing arguments summarize the evidence presented and aim to persuade the jury towards a particular verdict. Both sides highlight key points and attempt to discredit the opposition’s arguments.
Jury Deliberation and Verdict
After closing arguments, the jury deliberates in private. They discuss the evidence and aim to reach a unanimous verdict. Possible outcomes are guilty or not guilty. A hung jury, unable to agree, may lead to a retrial.
Sentencing
If the jury reaches a guilty verdict, in cases of a misdemeanor, the judge may pronounce a sentence immediately. For felonies, a separate sentencing hearing will be required to determine the sentence. Here, both sides present arguments regarding the appropriate sentence. The judge takes into account several factors, such as the severity of the offense, your prior criminal record, and any mitigating circumstances. Recommendations from the prosecution, defense, and sometimes victims may influence the decision.
If the verdict is “not guilty,” your case should be concluded.
Contact Our Panama City Criminal Defense Attorneys
If you are facing criminal charges in Bay County, contact our Panama City criminal defense attorneys right away. Our team at The Sombathy Law Firm has more than six decades of experience fearlessly defending the legal rights of individuals facing criminal charges for an array of offenses, ranging from DUI to homicide and other felony charges. We will determine the best defense for your case and fight to have your charges reduced or dismissed. Contact our team now for a consultation.
