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Julia G. Baginski, P.A. |
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Criminal Defense ● Trial Attorney |
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133 S. 2nd Street
Office 772-466-0707 |
The process and terms you need to know:What happens next? “Arrest.” First you were arrested. This means that the police took you into custody and think you are guilty of a crime. Before the police are allowed to ask you any questions about any crime they think you might be involved in or have knowledge of, they are required to read you your "Miranda warnings.” "Reading Your Rights." At some point the police should have told you that you have a right to remain silent. That anything you say can be used against you and that you have a right to speak with an attorney. The police should have also told you that if you cannot afford an attorney one will be provided for you. It is important for your attorney to know when this happened. "Booking." After you are taken into custody the police will take your photograph and fingerprints. "First Appearance." Within 24 hours of your arrest you will go to court. This is where the judge tells you what you have been arrested for. Sometimes, the judge you see at this hearing is not the judge who will handle your case after that point. It is important to have an attorney at this early stage of your case. “Bail” Bail is money that is given to the Court to hold while your case is pending to guarantee that you will show up to court when you are supposed to. You are allowed to post bail while your case is pending except in cases of first degree murder and violation of probation. The amount of bail usually depends on the local bail schedule which is based on the seriousness of the crime you are charged with. The judge may lower the bail amount if your attorney shows that you are unlikely to run (for example, that you have strong ties to the community by way of a steady job, family etc.) You can get all of your bail money back at end of case.“Bail Bond” Money that is given to the court by a "bondsman" to guarantee that you will show up to court when you are supposed to. A Bondsman is a person who charges a fee (usually 10% or 15%) for posting the bond. If you do not appear in court when you are supposed to, the bondsman may lose his or her money or property. Usually, the bondsman will look for you and bring you back to court, forcefully if necessary, in order to get their money back. “Charge” A formal accusation of criminal activity. The prosecutor decides on the charges after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at the Arraignment. "Arraignment." This occurs after the state has filed formal charges. At the arraignment, the judge only wants to know whether you plead guilty, not guilty or no contest. Telling your side of the story to the arraignment judge only helps the prosecutor. Your bail hearing may be held at the arraignment or shortly afterwards. Also, a trial date may be set. If a trial date is set, it may change (get further away) as events progress.
“Plea”
The defendant's formal answer to criminal charges.
"Discovery." After there are formal charges against you, you have a right to see all the evidence that the prosecutor has including questioning witnesses. This process may take several months. Towards the end of the discovery period your lawyer and the prosecutor may begin to negotiate or bargain the charges against you. This is called "plea bargaining." "Plea Bargaining." Plea Bargaining may start at any time, but generally, your lawyer will wait until he or she sees all the evidence against you. Plea Bargaining may continue even until trial. Be aware that in many cases there are sentencing that control how long or shot a sentence may be imposed for any given type of crime. Your lawyer cannot change these guidelines but he or she may be able to negotiate a different type of charge or fewer charges which carries a lesser sentence. “Trial.” If the grand jury hands down an indictment and your lawyer is unable to negotiate a plea with the prosecutor, there will be a trial. In a trial, the prosecutor goes first and tells their whole case to the jury, witnesses for the prosecution are heard and evidence against you is presented. After the prosecutor is finished, your lawyer will tell your side of the story. Your lawyer will get the chance to question each of the prosecutor's witnesses and each item of evidence presented against you. Your lawyer may use any one of a number of different strategies to defend you at the trial. This will all be discussed in further detail at a later date if your case reaches that point. “Sentencing.”
If the jury finds you guilty it is up to the judge to determine what
your sentence will be.
The sentencing usually happens a few weeks after the trial ends.
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