The Following Steps Are What You Can Expect As Your Criminal Case Progresses

The Arraignment

The first stage of the criminal case is known as the arraignment. I will attend your arraignment for you – you do not need to attend. At that time I will do the following things:

1. Enter a plea of not guilty on your behalf
2. Collect the evidence against you
3. Briefly discuss the case with the prosecuting agency
4. Record exactly the specific terms of any settlement offer
5. Set a date for the next appearance or pre-trial conference

It is possible that your case will be continued or rescheduled to another date in order to review the evidence provided and to allow time to consider any favorable settlement offers. I will give you the terms of any offer in writing. This will include my professional opinion about its merits or shortcomings.

The initial documentary evidence of the case against you, known as discovery, typically consists of arrest reports, chemical test results, driving records, criminal records and booking documents. Copies of the discovery documents will be sent to you for your review. I request that you make notes regarding the sections in the police report that are different from your recollection of the incident.

Pre-Trial Conference

In a misdemeanor case, the next step is a pre-trial conference, which is an opportunity for the defense and the prosecution to discuss the case, and to schedule further proceedings. At that time, I may request additional discovery. I may request maintenance and calibration records of any instruments used, names and addresses of all witnesses against you, information about the arresting officer’s qualification and training and any other documents or facts that may be important to your case. Copies of all discovery requests made on your behalf, and any documents that are subsequently received will be sent to you.

If there is another offer made at a pre-trial conference, the same policy applies as that of the arraignment: There will be a description of the terms of the offer, a written opinion as to its merits, and a recommendation for the next step.

Pre-Trial Motions

Next, the case may be scheduled for pre-trial motions, which may include motions to ask the judge to order discovery, motions to suppress evidence, motions for police officer personnel records, or other evidentiary motions.

Trial

If necessary, the next stage would be trial. At trial, a jury of 12 citizens will decide the facts of the case. This will occur unless the case is settled, with your approval, through a plea bargain. For example, a DUI may be reduced to a less serious charge such as a “speed exhibition”.

Keep in mind that the facts of each case are unique and therefore all cases will not unfold the same way. However, I am very conscientious in keeping my clients regularly informed, both via telephone and with case update letters. Even if I recommend that a plea bargain be rejected, I will inform you of the terms in writing for your consideration. You will have all the facts so you can make informed and well considered decisions about your case.

NOTE: If your case is a felony, there will be additional stages. They will be discussed with you on an individual basis.

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