In the unfortunate event that you are ever arrested by the police for crimes like petty theft, sex offenses, or even murder, the worst thing you can do is to start talking and protesting your innocence to the police. Instead, politely and calmly state that you would like to speak with a criminal lawyer. Or, if you've been arrested for driving under the influence, insist on speaking with a DWI attorney. It's important that you do not say anything more because even trivial items mentioned in passing can be used by a skilled prosecutor as evidence against you.
After you have been arrested, you will be taken to a police facility for booking. Police will often ask if you want to make a statement for the record about your arrest and your interpretation of the events. It's important that you politely refuse this offer since anything you say could be admissible in court and used against you during your trial.
You may be placed in a holding cell for a short period of time until you can be seen by a judge or magistrate who will decide your bond. Bond in an amount of money that is used as a kind of financial insurance to make sure that you show up for all of your trial dates and that you do not try to flee the country.
Next you will be given a court date for an arraignment. The arraignment is the formal court hearing in which you will be accused of your crimes, told that you may wish to consult with an attorney, and asked to issue a plea. The court will then set a trial date.
Once you have entered a plea to the court, the discovery period begins. This is the fact finding period in which your criminal defense team will investigate your case and any documentation that is in the possession of the prosecution. Your defense attorney will go over any documents, bits of evidence, and other information to formulate your defense for the trial.
How your trial proceeds depends on what you have been accused of and whether it is a felony or a misdemeanor. If your offense is a misdemeanor, you will have your case heard before a judge. If you are accused of a felony, you will have a preliminary hearing before a judge. If he decides that there is enough evidence to proceed with a trial, he will pass your case to a grand jury. If the judge finds that there is not enough evidence against you, your case will be dismissed.
In a grand jury, the prosecution presents its case against you. If the grand jury agrees that there is evidence to support that you committed a crime, they will issue an indictment. You will then be given a court date for the beginning of your criminal trial. The prosecution will present its case against you by giving evidence and calling witnesses to testify against you. Your defense team will cross examine the witnesses and offer counterarguments to the prosecution's case. In order to prove your guilt, the prosecution must show that the evidence shows that you are guilty beyond a reasonable doubt.
At the conclusion of the trial, the judge or jury will issue a verdict. If you are found innocent, you are free to go, however, if you are convicted of your crimes, your trial will move into the sentencing phase. Your defense will attempt to persuade the judge to give you a lenient sentence. A judge may or may not be swayed by their arguments and in many cases may have their hands tied by sentencing guidelines. At the conclusion of the sentencing trial, the judge will render his decision.
If you've been convicted of a crime, your last chance to reverse the decision or to change your sentence depends on appeal. During the appeal process, your defense team will present to the appellate courts a list of mistakes that were made during your trial that might have changed the verdict. If the appellate courts agree that mistakes were made by the judge or prosecution, they can overturn the verdict. Prosecutors can then decide to retry you and correct their mistakes.
If you are ever accused of a crime and arrested, it's extremely important to seek proper legal representation. Having a good defense lawyer can literally mean the difference between life and death.