What if I Regret Entering a Guilty Plea?

Posted on January 13, 2021 by admin

We often say and do things that we regret. Even if in the moment we feel strongly about our decision, later on after it sinks in, the reality of your choices can hit you hard. Such is often the case with criminal defendant’s who plea guilty to their charges. Do these individuals have a chance to take back their plea if they later decide they don’t want to plea guilty?

Continue reading to learn more about appealing pleas in criminal court, and what you can do to ensure your defense protects you from losing your rights and your freedoms.

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Granted Appeals

After a person is found guilty of a crime they were charged with, they do not have to agree with the judge or jury’s findings. Defendants are given the right to appeal a verdict and ask for a new trial in appellate court. This procedural right is denoted in the United States Constitution, Article 7, Section 6. For this purpose, they often hire a criminal defense attorney who is a certified, court-recognized criminal appellate lawyer. These are lawyers who are certified through their state bar organizations and specialize in appealing convictions.

Denied Appeals

As a defendant in criminal court, you have the right to file for an appeal to overturn the conviction, or certain perimeters of the conviction. However, if you have already agreed to and entered a guilty plea, whether you went to trial or not, there is no chance at appealing your verdict. This also applies to no contest or “nolo contendere” pleas. However, in place of an appeal, you could enter a “motion to withdraw” your plea, which simply means you have changed your mind and wish to plea differently.

Filing an appeal and withdrawing a plea are two different processes. The laws and regulations for withdrawing plea deals vary greatly from jurisdiction to jurisdiction. It also differs between state and federal levels, as federal court has its own unique appeals process compared to state-level ones.

In some states, limited indirect appeals are permitted, and can be pursued without withdrawing a plea; a processed referred to as “filing a writ of habeas corpus.” And this process is very similar to the appeals process. Because of these variations, it is important to check with your criminal defense attorney to learn your state’s particular laws about such procedures.

Need a Skilled and Aggressive Criminal Defense Lawyer in Indianapolis?

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Can I Be Arrested for Prank Calling?

Posted on December 15, 2020 by admin

Most Americans have gleeful childhood memories of prank calling neighbors and friends during sleep overs. But have you ever thought about how this seemingly innocent practical joke can lead to real life legal troubles? Generally, children and adolescents who make prank calls are not likely to get in trouble with the law. However, there are some forms of prank calling that could be considered illegal. Whether as a concerned teen who thinks they took a call too far, or a parent who knows their kids enjoy this common, juvenile pastime, it important to be knowledgeable on all possible consequences.

Continue reading to learn when prank calling crosses the line, and can get you or your child arrested or indicted on criminal charges.

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When Prank Calling Goes Too Far

Prank calling, as mentioned, is a common and generally innocent juvenile pastime. In most cases, such calls are perfectly harmless, and in worse case scenarios, really only cause frustration and confusion on the other end of the connection. But there are times when certain types of calling can cross the line into illegal activity. In the case of going too far or crossing the line, the potential types of crimes a prank caller could be charged with include harassment, disorderly conduct, hate crimes, or wiretapping.

Possible Prank Call Criminal Charges

❖ Harassment – The crime of harassment sits on a wide spectrum. When it comes to prank calling specifically, the act can turn into harassment if the calls are persistent, such as consecutive calls in a short period of time or calling every day. They can also be considered harassing if a prank caller is repeatedly calling to make threats.

❖ Disordering Conduct – Many states, including Indiana, consider making abusive, threatening, or offensive language a form of disorderly conduct, which is an illegal act. Being verbally abusive on a prank call can be against the law, and lead to the arrest of a prank caller if the person being pranked feels threatened or suffers damages like mental trauma or anxiety attacks.

❖ Hate Crimes – When prank calling is about abusing a person or family based on their gender, race, ethnicity, religious beliefs, vocation, sexual orientation, or any other characteristic of their life, it can be deemed a hate crime. Hate crimes are illegal, and will be investigated and penalized according to law.

❖ Wiretapping – If a prank caller records the conversation without the person’s consent, it can be considered wiretapping. Many states decree wiretapping as against the law, so if caught, a prank caller could face legal penalties, whether the person called presses charges or not.

Where to Get Criminal Defense for Your Harassment Charges in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms after being charged with harassment or disorderly conduct in Indiana. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

What Does a Lawyer Do at a Preliminary Hearing?

Posted on December 7, 2020 by admin

When a person is arrested, the first court hearing they will have regarding their charges is called an arraignment, or first appearance. This hearing is usually held within 24 to 48 hours of the arrest, and generally takes place while the defendant is still detained in jail. The purpose of an arraignment is for a judge to explain the criminal charges to the defendant, allow the defendant to plea if they choose to, determine if they are eligible for bail or not, and assign a public defender to their case if they have not already hired a lawyer by this time. Once the defendant is bailed out of jail, another hearing is scheduled, which is often confused with arraignments. This following hearing is called an initial hearing, or preliminary hearing.

Continue reading to learn more about the facts surrounding preliminary hearings, including a defense lawyer’s role in it all.

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What to Expect at a Preliminary Hearing

A preliminary hearing is typically scheduled within 20 to 30 days of an arrest, and only lasts a couple of hours. It takes place in an open court with a judge, prosecuting attorney, and the defendant’s attorney in attendance. During this hearing, a judge determines whether or not the Prosecutor has enough probable cause to move forward with the criminal charges against a defendant. More or less, a preliminary hearing is an opportunity for the prosecution’s charges to be judicially reviewed and confirmed valid by the magistrate assigned to the case.

So, if this hearing is all about the prosecutor and judge, what does a criminal defense attorney do during this time? The answer is incredibly vital to the outcome of a defendant’s rights, freedoms, and future.

A Criminal Lawyer’s Role at an Initial Hearing

At the preliminary hearing, a criminal defense lawyer is already prepared to fight their client’s criminal charges. By this hearing, they have developed a strong and impactful case (if the defendant has hired a good lawyer, that is) that aims to dismiss, reduce, or further analyze a defendant’s charges prior to going to trial. They make sure that any charges brought against their client are not inadmissible, illegal, or without sufficient probable cause. During a preliminary hearing, a criminal defense lawyer will also work their professional magic by cross-examining witnesses, presenting their own evidence to refute the prosecution’s allegations, and set forth any relevant motions.

Preliminary hearings protect defendants from unjustified, false, or impractical charges by the prosecution. Without a private criminal defense lawyer working your case, you will not get the best possible outcome at your preliminary hearing.

A public defender simply cannot put in the time, attention, and effort into your criminal case like a private attorney can. Their case loads are too massive, and they have handfuls of cases they deal with in court each and every day. When it comes to serious criminal charges that can impact the rest of your life, and your family’s life, you want to hire an attorney, rather than be appointed one by the courts. The cost of a lawyer is worth avoiding jail time, and/or the maximum sentence for your criminal charges.

Indianapolis Indiana Criminal Defense You Can Truly Afford

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Will I Be Pulled Over for Texting and Driving in Indiana?

Posted on November 2, 2020 by admin

Indiana’s Distracted Driving Law, Indiana Code 9-21-8-59, went into effect on July 1^st, 2020. Also known as the Hands-Free Law, this new state ordinance makes it illegal for a driver to type, text, or read their cell phones while operating a vehicle. Typing, texting, and reading includes all related cell phone actions, such as text messaging, sending/reading an email, typing into a search bar, entering in GPS navigation, and more.

If this new law seems confusing to you, continue reading to learn the facts you need to know to avoid being pulled over for being in violation.

Indianapolis Indiana Criminal Defense Law Firm 317-636-7514

Indiana’s Distracted Driving Law

What is Distracted Driving?

Indiana law defines distracted driving as any non-driving activity that can potentially cause a driver to lose focus of their primary task of operating a motor vehicle. Don’t think distracted driving is that serious? According to the U.S. Department of Transportation, in 2012 alone, over 3,000 victims lost their lives in motor vehicle collisions that resulted from a form of distracted driving.

So, what really dictates driving while distracted? There are several examples of such behaviors while driving, all of which can fall under visual distraction, manual distraction, or cognitive distraction. Visual distractions take a driver’s eyes off the road, while manual takes their hands off the wheel, and cognitive takes their mind off their task of driving.

Distracted driving examples include eating, rummaging through purses or bags, assisting children in the backseat, sending or reading messages on the phone, putting on makeup, checking or posting on social media, taking selfies, physical intimacy with a passenger, and any other action of electronic messages and written communications.

Exceptions to the Rule

There are exceptions to the Indiana Hands-Free law, however. Drivers are permitted to use their cell phone for emergency situations, such as receiving an urgent message, reporting criminal activity, or calling for emergency services. Drivers may also preset and listen to GPS navigation, talk on the phone, and play music from their phones. But drivers MAY NOT talk on their cell phones while driving through school zones.

Legal Penalties for Violating the Distracted Driving Law

Using the phone while driving is now against the law in Indiana, which means that anyone pulled over and cited for violating the state’s Hands-Free Law can face a variety of penalties depending on the specific details of their violation. Mostly, those who are found guilty of violating the Distracted Driving Law will face fines up to $500. For more serious situations, such as causing a car crash due to violating this law, violators face harsher penalties, possibly Class C misdemeanors and additional fines.

A Fair Warning to Avoid Criminal Prosecution

The Indiana Distracted Driving Law is considered a “Primary Law”, which means law enforcement can pull you over immediately and cite you, and for no other reason. If you are in possession of drugs, or have been drinking, the office can further investigate and arrest you at their own discretion. If you believe you were illegally pulled over and arrested in Indiana, contact an aggressive criminal defense attorney who will fight for your rights and preserve your driving privileges.

An Indianapolis Indiana Criminal Defense Attorney You Can Trust

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indianapolis, Indiana. As an experienced and accomplished criminal defense attorney, he will build you an impactful and aggressive defense to beat or reduce your sentence. Trust our Indianapolis criminal defense law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.

What are the Sentencing Guidelines for Indiana?

Posted on October 13, 2020 by admin

When charged with a crime, Hoosiers are given a plethora of rights, both on a civil and federal level. One such right is judicial due diligence. Basically, anyone who is suspected of, or formally charged with, committing a crime, they are innocent until proven guilty, in the eyes of the law. For those who are convicted after being charged with a crime in Indiana will be subjected to our state’s sentencing guidelines. Although judges have the personal and professional discretion to choose a sentence and subsequent penalties of a convicted offender, Indiana’s sentencing guidelines provide the basis of sentencing that deters unfair or excessive punishment.

Continue below to learn what the Indiana sentencing guidelines look like, and what you need to do this very second if you are facing criminal charges in the state.

All Levels of Crimes Included

The Indiana sentencing guidelines are for all levels of crimes, from infractions and misdemeanors, to felonies and murder. Felonies range from Level 1, which is the highest, to Level 6, which is the lowest. Murder is it’s own level of crime. Level 6 felonies are commonly called “wobblers” because most are reduced to a Class A Misdemeanor upon plea deal. Misdemeanors range from the highest, Class A, to the lowest, Class C.

Here is what you can expect the outcome to be for your pending criminal charges if convicted at your trial:

▶ MURDER
45 Years to Life in Jail, or Death Penalty. Advisory Sentence of 55 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 1 FELONY
20 to 40 Years in Jail. Advisory Sentence of 30 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 2 FELONY
10 to 30 Years in Jail. Advisory Sentence of 17 ½ Years in Jail. Up to $10,000 in fines.

▶ LEVEL 3 FELONY
3 to 16 Years in Jail. Advisory Sentence of 9 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 4 FELONY
2 to 12 Years in Jail. Advisory Sentence of 6 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 5 FELONY
1 to 6 Years in Jail. Advisory Sentence of 3 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 6 FELONY
½ to 2 ½ Years in Jail. Advisory Sentence of 1 Year in Jail. Up to $10,000 in fines.

▷ CLASS A MISDEMEANOR
0 to 1 Year in Jail. No Advisory Sentence. Up to $5,000 in fines.

▷ CLASS B MISDEMEANOR
0 to 180 Days in Jail. No Advisory Sentence. Up to $1,000 in fines.

▷ CLASS C MISDEMEANOR
0 to 60 Days in Jail. No Advisory Sentence. Up to $500 in fines.

Aggressive Criminal Defense in Indianapolis That You Can Actually Afford

What You Should Do if Stopped By a Police Officer

Posted on September 15, 2020 by admin

When you are stopped by a police officer, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you.

Continue reading to learn more about police and civilian interactions, including how you should conduct yourself and how long police can detain you without making an arrest.

Indianapolis Criminal Defense Law Firm 317-636-7514

The Facts About Police and Civilian Interactions

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What You Can Expect During a Cop Encounter

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may ask for additional documents, including vehicle registration, drivers’ license, car insurance, and title.

Remain Polite and Cooperative the Entire Time

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Never Lie or Argue With a Police Officer

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indiana criminal defense lawyer for help.

How to Fight Your Criminal Charges in Indianapolis, Indiana

What is Bankruptcy Fraud?

Posted on August 26, 2020 by admin

Bankruptcy is a type of legal protection for those who have no other choice but to start fresh, financially. The objective of Chapter 7 bankruptcy is to liquidate non-exempt assets and sort out as much debt as possible. However, the process of filing for bankruptcy can be complex, especially for those who are not keen to legal jargon and procedure. For this reason, many people are simply afraid to file bankruptcy out of fear that they might make a mistake and be audited for fraud. In fact, professional bankers recommend hiring an attorney to file for bankruptcy for the sole purpose of avoiding devastating errors that can lead to legal troubles.

But not to worry; unintentional bankruptcy fraud is not even fraud. It’s common error that can be resolved. If you make a mistake during the filing process, you will simply be informed and redirected. However, deliberate bankruptcy fraud is another situation; one that comes with serious legal penalties.

Continue reading to learn what constitutes bankruptcy fraud, as well as, the standard penalties for being convicted in Indiana.

Indiana Bankruptcy Fraud Lawyer 317-636-7514

Bankruptcy Fraud is a White Collar Crime

Bankruptcy fraud falls under white collar crimes, which entails federal-level offenses typically dealing with large amounts of money. When a person illegally drains the revenue and profits of a business or local economy, they have committed a white collar offense. Accordingly, a person commits bankruptcy fraud by knowingly and intentionally hiding or altering information for the purpose of gaining a financial advantage. More specifically, bankruptcy fraud occurs if an applicant purposefully hides assets, secretly transfers assets to conceal them, gives false information, bribes court-appointed trustees, files multiple times in different courts, or all a combination of the above.

Most Common Types of Bankruptcy Fraud Crimes in Indiana:

➧ Providing False Information on Documents

➧ Hiding Assets from Liquidation

➧ Attorney Filing Incorrect Paperwork on Behalf of Client

➧ Intentional Discrepancies on Bankruptcy Petition

➧ Transferring Real Estate, Money, or Assets to Family Members

➧ Filing Multiple Cases in Separate States

➧ Using Stolen Social Security Numbers

➧ Filing a False Claim

➧ Destroying or Concealing Financial Records

➧ Giving or Accepting a Bribe

➧ Foreclosure Scams

State and Federal Bankruptcy Fraud Laws

Because it is a federal offense, if you are charged with bankruptcy fraud, you will face some serious penalties if found guilty. The common consequences are denial of bankruptcy, large fines, and of course, a criminal record. Here in Indiana, bankruptcy fraud is charged as a Level 5 Felony, which is punishable by up to 6 years in prison and $10,000 in fines. More serious crimes can be punished by up to 20 years in prison and $250,000 in fines.

Who to Trust for Skilled Federal Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a federal crime in Indianapolis, or within the Central Indiana counties. Our law firm offers aggressive and experienced criminal defense for anyone facing bankruptcy fraud charges or white collar crime charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Can I Get Arrested For My Friend’s Drugs?

Posted on August 7, 2020 by admin

Let’s say you were at your friend’s apartment, and the cops are called. If your friend has drugs there, do you think you would get in trouble for them too? Well, it could happen. The crime is known as being in a “place of common nuisance”, and you can be arrested for it just for being near someone who has possession of drugs or narcotics.

Continue reading to learn more about what it means to be in a place of common nuisance, and what you need to do if you are ever faced with the criminal charge in Indiana.

Indianapolis Drug Possession Lawyer 317-636-7514

A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Rachel is on vacation in New York City with her best friend, Ann. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns or use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Rachel and Ann did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

Get a Plan in Action for Unbeatable Criminal Defense for Drug Crimes in Indiana

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your drug possession charges in Indianapolis, Indiana. He will stop at nothing to protect your rights and preserve your freedoms after being charged with possession or place of common nuisance. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Is it Illegal to Insult a Cop?

Posted on August 4, 2020 by admin

If a person insults a police officer, can they be cited, detained, arrested, or charged with a crime? Continue reading to find out what might happen after insulting a cop to their face in Indiana.

Indianapolis Disorderly Conduct Attorney 317-636-7514

What Happens After Insulting a Police Officer

Would you dare insult a cop? Flip them off, call them pigs, or even scold obscenities that can be construed as threats of violence? Well, we hope you would not, because it can in fact get you in trouble, depending on certain factors, and of course, how thick skinned or tolerant the cops are. So, although it is not technically illegal to insult a cop, there are some circumstances in which certain kinds of insulting remarks or behaviors can land a person in court.

The Middle Finger

The middle finger has been a long-known pejorative gesture that is meant to imply insult. By flipping the bird to a police officer, you are not breaking the law. You are, however, putting yourself in the spotlight. Cops might decide that your vulgar attitude and bold behavior are indicative of public intoxication, disorderly conduct, suspicious behavior, or something else they can stop you and question you about.

Slurs and Name Calling

Calling a cop a name, such as pig, rent-a-cop, or curse word, or ridiculing their authority, is also not considered criminal activity worthy of an arrest and conviction. In fact, there have been several instances in which local and state laws have been struck down in court; laws that allowed cops to arrest someone for “verbally challenging” them with insults just like these. However, insulting a cop with vulgar name calling or deriding their authority can provoke them, and lead to you being stopped and questioned. Although it might not end in an arrest, it will take a lot of time out of your day, and being in the hot seat is very uncomfortable. Furthermore, if you are combative or uncooperative, the cops can arrest you for disorderly conduct. So, be careful starting a fight with a cop because they almost always win, at least until court.

Fighting Words

As for more severe insults, like the F-bomb and similar aggressive insults, these can be deemed verbal challenges, or “fighting words”, which can lead to an arrest for disturbing the peace or threatening a police officer. For example, telling a cop “F-YOU” is considered violence-inciting.

Call an Indiana Criminal Defense Lawyer if You Get in Trouble With Cops

If you get in trouble with the cops for disorderly conduct or disturbing the peace, you need a licensed Indianapolis criminal defense lawyer working on your case right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

What are the Different Phases of a Criminal Case?

Posted on July 15, 2020 by admin

The criminal prosecution process is just that; a process that unfolds itself in a series of consecutive phases. If you are facing criminal charges, you will soon become a part of this predictable procession of events. Continue reading to learn the basic stages of a criminal case, starting with the arrest. This information can help prepare you for what’s to come, as well as, give you the knowledge you need to starting building a strong defense.

Arrest

An arrest is the very first phase in the criminal prosecution process. A person can be arrested physically, or issued an arrest warrant in which they would have to legally surrender to authorities within a specified period of time. Once a person surrenders to an arrest warrant, they are then physically arrested and booked into the jail where they will await their arraignment.

Arraignment

The next stage in the criminal prosecution process is the defendant’s first court hearing, also known as an arraignment. During this court appearance, the judge reads the defendant’s charges, and asks them to enter a plea of “no contest”, “guilty”, or “not guilty.

Although most criminal prosecutions come to an end once a defendant accepts a plea deal, or plea bargain, there are several criminal cases that go to trial and beyond. When a plea bargain is accepted, the defendant agrees to plead guilty to the criminal charges. In exchange for their guilty plea, the prosecutor typically offers a reduced conviction or sentence. See our blog, “Is a Plea Bargain the Same as a Plea Deal?” to learn more about plea deals.

Also during the arraignment, the judge generally addresses bail and schedules future court dates. Many arrestees are granted bail, and can post their bond. Some are required to stay in jail until the criminal case is over.

Preliminary Hearing or Grand Jury Indictment

For federal criminal cases, charges are brought forward with a grand jury indictment. Most often, criminal charges are brought forth by a “bill of information” obtained by a preliminary hearing, also known as a preliminary examination. On a state level, either method can be used at the state’s discretion. Both types of hearings are held for the purpose of establishing the existence of probable cause, and for both parties to make their arguments.

Pre-Trial Motions

Pre-trial motions are used by both parties to resolve any lingering issues, as well as, determine the evidence and testimonies that will be admissible during trial.

Trial

The trial is the heart of the criminal prosecution process. At a defendant’s trial, the judge (or jury) will hand down a verdict, finding them guilty or not guilty. In order to be handed down a guilty verdict, the prosecution must prove, beyond a reasonable doubt, that the defendant is guilty of the purported crime or crimes. If a defendant chooses a trial by jury, and the jury cannot reach a unanimous decision, the judge will determine it to be a mistrial. In the case of a mistrial, the charges will be dismissed, or a new jury will be appointed.

Sentencing

After a defendant is found guilty at their trial, they will be scheduled a new court date to receive their sentencing. Sentences are the penalties ordered to the guilty party, such as probation, jail time, fines, community service, and more.

Appeal

The last step of the criminal prosecution process does not always take place. If a defendant wishes to fight their conviction, and get it turned over, they must have their legal team file an appeal. Their appeal will be addressed in a new hearing by a higher court, known as appellate court.