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Convicted Of A Crime? Here’s What To Do Now…

Convicted Of A Crime? Here's What To Do Now...

<p style&equals;"text-align&colon; justify&semi;">Criminal charges are never a high point of any person&&num;8217&semi;s life&period; The justice system can be intimidating&comma; and a criminal conviction can have lasting consequences&period; With this in mind&comma; this article briefly outlines the criminal process from start to finish&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><img class&equals;"aligncenter wp-image-13771 size-full" src&equals;"https&colon;&sol;&sol;medusamagazine&period;com&sol;wp-content&sol;uploads&sol;2015&sol;04&sol;Convicted-of-a-Crime&period;jpg" alt&equals;"Convicted Of A Crime&quest; Here's What To Do Now&period;&period;&period;" width&equals;"606" height&equals;"339" &sol;><&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">The Arrest<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">An arrest occurs when law enforcement formally detains a suspect&period; Arrest can occur at the scene of a crime or days&comma; weeks&comma; or even years after the day of commission&period; If the arresting officers plan to ask the suspect for information&comma; they are required to issue a Miranda warning&period; The warning must inform the suspect of his right to remain silent&comma; advise him that his statements can be used against him&comma; and notify him of his right to an attorney&period; If you find you face a formal arrest&comma; keep in mind that it is often in your best interest to consult with an attorney before speaking with the police&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">The Charge<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The government can file formal criminal charges before or after arrest&period; Typically&comma; charges are brought by either indictment or complaint&period; An indictment is rendered by a grand jury&comma; who will examine evidence and determine whether the government has probable cause to charge the suspect with a crime&period; A complaint&comma; which is also referred to as an information&comma; is brought by a prosecutor after she reviews police reports and other information&period; In most states&comma; indictment is reserved for more serious crimes&comma; such as murder or sexual assault&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Once a suspect has been formally charged&comma; he becomes a criminal defendant&comma; and the case enters the pre-trial stage&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Pre-trial<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The pre-trial stage begins with a court hearing known as an arraignment&period; At the arraignment&comma; the court often determines whether the defendant should be released on bail&comma; sets the bail amount&comma; and determines what procedural steps are necessary in the case&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Later in the process&comma; the defendant will have the right to make constitutional and procedural challenges&period; A defense attorney for someone who has a felony arrest may determine&comma; for example&comma; that police officer&&num;8217&semi;s violated the defendant&&num;8217&semi;s constitutional rights when they searched for evidence&period; If the court agrees&comma; it will &&num;8220&semi;suppress&&num;8221&semi; the evidence&comma; effectively preventing it from being used at trial&period; That being said&comma; an attorney is vital to a successful criminal defense strategy&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Pleas and Trial<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">A defendant may ultimately plead guilty to the charges or to a lesser offense via a deal with the prosecutor&period; If not&comma; the defendant will plead &&num;8220&semi;not guilty&&num;8221&semi; and go to trial&period; At trial&comma; the prosecution must prove that the defendant committed the charged crime&period; If the jury finds that prosecution has met its burden&comma; the defendant will be convicted&period; If found not guilty&comma; the defendant will be released&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Sentencing<&sol;h2>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Sentencing occurs after a criminal conviction&period; At the sentencing&comma; the judge or jury will consider the severity of the crime&comma; the defendant&&num;8217&semi;s criminal history&comma; and any aggravating or mitigating factors&period; Based on these considerations&comma; the judge or jury will impose a sentence&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The single most important advice in this article is to retain an attorney&period; An attorney can help explain this process in more detail&comma; advise the suspect or defendant of his rights&comma; and provide peace of mind to the person facing charges&period;<&sol;p>&NewLine;

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