When accused of a DWI or any crime, there is a process that is involved before innocence or guilt is determined. This is the process that ensures the guilty pays the penalty, while the innocent goes free. In other words, it is very thorough and can be lengthy, which is why you need to have a Hennepin County criminal defense attorney working for you throughout the entire process.
Criminal Defense and Plea Bargains
After arrest, the arraignment is the first step that is taken. This is a hearing that informs a defendant of the charges against them. When you go to your arraignment hearing, you will also be informed of your rights. This is not a hearing that determines your guilt or innocence. However, the opportunity is also used to set or deny bail. Although the Constitution states that an individual has the right to reasonable bail, murder and treason are usually crimes in which bail is denied, including when there is reason to believe the defendant will flee.
Also occurring at the arraignment is a discussion of the case that the defense attorney and the prosecution has with the judge. A plea bargain may be entered or charges may be dropped or reduced. It is very unlikely that felony charges will be dropped. When felony charges are involved, the prosecutor usually wants to proceed to the preliminary hearing phase.
Hennepin County DWI Attorney & Lawyer
First of all, a plea bargain is a deal that the defense and the prosecution makes with one another that can help to avoid a trial. There are some cases in which a plea bargain doesn’t even have to reach the preliminary hearing phase. When the case does reach the preliminary hearing stage, the prosecution presents their evidence to show the judge that the case has merit. This is the phase in which witnesses can be cross examined by the defense. However, there are times in which the prosecution does not want to expose their case at a preliminary hearing. Instead, they wish to expose it to a grand jury.
Grand Jury To Trial
A grand jury is comprised of citizens that are able to evaluate the evidence in the case. Their job is to determine whether or not an indictment, or formal accusation, is handed down. The defendant can testify in front of the grand jury. The defense can also have witnesses testify on behalf of the defendant, but the MN criminal defense attorney cannot be present while these testimonies are taking place.
There are some case sin which the defendant may not be arrested before their case is evaluated by the grand jury. This means that they may not be notified, therefore will not be allowed to testify. If an indictment is issued, the defendant will be jailed until they go to their arraignment. If there is no indictment, the case is dismissed.
If the case is not dismissed, the case will move on to trial. First, however, there are pretrial procedures that your attorney must engage in. This includes gathering evidence, gathering witnesses, hiring expert witnesses, and any other tasks that must be done to provide a solid defense. Once all of this is complete and the trial date arrives, both sides will argue the case. The prosecutor’s job is to prove that you committed the crime, while the job of your defense attorney is to prove you didn’t commit it or to cast doubt on the evidence presented against you.
Hennepin County Criminal Attorney
If you have been accused of a crime, don’t endure the legal process on your own. Myles A. Schneider & Associates ensures that you are never alone throughout the process by providing you with the care you need and the dedication that your case needs. Call Hennepin County Criminal Lawyer Myles Schneider today at 763-315-1100 or fill out the form on this page for your free case evaluation. You need to have an attorney by your side from start to finish.
| Call us today at 763-315-1100 or contact us by e-mail to schedule a free consultation with the form to the right. Protect your rights and your freedom if you’ve been charged with a crime. |