Federal and State Criminal Defense Attorney in Kentucky

Stages of a Criminal Case

• Investigation: During a criminal investigation of a crime, the police review the facts, interview witnesses, and gather evidence against suspects. If the police uncover enough evidence, they can ask a judge to sign an arrest warrant for a suspect.
• Arrest and bail: After being arrested, a suspect will go before the judge, who will either set bail or decline to set any bail so that the suspect must remain in jail until trial. Bail is an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors, including the severity of the crime of which the suspect is accused, the strength of the prosecution’s case, whether the suspect has a criminal history, and whether the suspect is a flight risk. If the suspect shows up for future court dates, the bail money is returned. If, however, the suspect doesn’t show up or flees, the court will keep the money and issue an arrest warrant.
• Arraignment: The accused first appears before the judge at an arraignment. At this proceeding, the judge informs the accused of the criminal charges against him or her, asks the accused whether he or she has an attorney or wants a court-appointed lawyer, asks how the accused will plead to the charges, determines whether to modify the initial amount of bail and sets a schedule for future court dates.
• Preliminary hearing: In felony cases, a judge or magistrate will hold a preliminary hearing during which the prosecution must show that there is enough evidence supporting the charges against the defendant so that the case can proceed to the next stage. This hearing is an adversarial proceeding and the defendant’s attorney has the right to cross-examine the prosecution’s witnesses. It is also sometimes called a “preliminary examination” or “probable-cause hearing.”
• Plea bargaining: Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of the multiple charges, or recommend a more lenient sentence in exchange for the defendant’s guilty plea, often to a lesser offense.
• Trial and sentencing: At trial, the prosecutor and defense attorney will give opening and closing statements, introduce evidence, and question witnesses. If a defendant is found guilty, the court will impose a sentence that may include incarceration, fines, court costs, restitution, and probation. For minor crimes, the sentence may be issued right away. For serious crimes, the prosecution and defense will submit evidence and make arguments about what the appropriate sentence should be. In some states, a judge will decide the sentence. In other states, sentencing is completely separate from the trial, with a different jury determining the sentence. During this separate sentencing phase, the prosecution will present aggravating factors to argue for a harsher sentence and the defense will present mitigating factors in favor of a lesser sentence. Also, before the sentence is issued, the defendant normally has the right to allocution, which is the right of the defendant to address the judge directly. Allocution may be a chance for the defendant to apologize, show remorse or explain his or her actions.