GENERAL STEPS OF A CRIMINAL PROSECUTION
Below are some general steps that will generally take place during criminal prosecution. This is provided as a general guideline to help you understand the process. Each individual case is different and Sherri Kelley will explain the necessary steps in your case.
1. Upon someone's arrest for a crime, usually they will have a bond hearing within one to three days. At the bond hearing a bond will be set based upon certain factors to include whether or not the person is likely to flee, will appear back to court or will intimidate witnesses. Once the judge grants bond, if one is given, then someone who is charged with a crime may be released from jail pending the disposition of their case in the criminal justice system.
2. Usually the next step is the arraignment, which is your first formal official court date in front of the trial court. You are told formally what you are charged with and you have the ability to plead guilty or not guilty. Generally when you have an attorney you plead not guilty and file important Motions for Discovery. Motions for Discovery allow you and your attorney to review all information the State plans to use against you but they are also required to turn information over which helps to prove your innocence and which would be in support of your defense. You can lose valuable rights if you are not protected by Sherri Kelley during these steps.
3. After arraignment there may be other Motions to file to address evidence such as Motions to Suppress as well as negotiations begin to take place between the State and Sherri Kelley to address possible resolutions.
4. A criminal case can be resolved in numerous ways but the most common includes a negotiated plea where you enter a plea of guilty based upon a negotiated recommendation and the sentence is worked out with the representative of the state, a non‑negotiated plea where although you may have admitted guilt in some manner, you are asking the Judge to determine sentencing of the case or a trial which could be a jury trial where a panel of your peers determine guilt or innocence or a trial in front of the Judge where the Judge determines guilt or innocence.
These steps are very general steps just to give you some basic knowledge of some of the steps in a criminal prosecution. Attorney Sherri Kelley can help you walk through each one of these steps and help you understand your rights and to protect your rights through all phases of the criminal prosecution and it is vitally important that when you are dealing with your freedom that you protect and utilize all the protections guaranteed to you under the Constitution of the United States.