CRIMINAL LAW

 

No two criminal matters are ever the same.  However, there is a general pattern that most criminal matters follow, depending upon the facts and circumstances of each case.  A great deal of the concern that an individual may have when charged with a crime, is confusion about the legal terms and procedures that occur.  With that in mind, following a general procedural flow of a typical case, the following explanation of some of these legal terms are described as follows:

 

  • Arraignment.  There are basically 3 types of Arraignments: 

     

    • District Court Arraignment on a Misdemeanor
    • District Court Arraignment on a Felony
    • Circuit Court Arraignment on a Felony 

    At the Arraignment, the purpose is to advise the defendant of the charge and his/her procedural rights, and to permit the defendant to claim or waive those rights.  The District Court Misdemeanor Arraignment allows the defendant to plead guilty, not guilty, or stand mute.  The District Court Felony Arraignment allows the defendant to demand or waive a Preliminary Examination.

    Misdemeanor - criminal offense where, if convicted, a person may be incarcerated up to one year in jail.

    Felony - criminal offense where if convicted a person may be incarcerated in prison for a period exceeding one year, up to life.  Both types of crimes and their punishment depend upon the nature of the crime charged.

    Preliminary Examination -  pertains to felonies.  It is a judicial proceeding in the District Court to determine whether there is sufficient evidence to continue proceedings to a Circuit Court Trial.  The Preliminary Examination is often waived (not held) for a variety of reasons.  In felonies, the matter, if not dismissed or reduced to a misdemeanor, is then bound over to Circuit Court.

     

    Pretrial Conference.  As it pertains to District Court, this conference pertains to both misdemeanor and felony cases whereby the defendant and/or the defendant’s attorney will discuss and negotiate the criminal matter with the prosecuting attorney to determine whether the case will be resolved through a Plea Bargain or what future direction the case will go.

    Arraignment in Circuit Court.  The defendant is provided with a copy of the charging document (the information) whereby the defendant typically enters a not guilty plea, guilty plea or stands mute.  The defendant will have been informed of the maximum punishment and may have had an agreement previously worked out at the Pretrial Conference as to the punishment, if a plea of guilty is entered.  A not guilty plea or a plea of mute will result in the matter moving forward to trial.  There is an assortment of other pleas that may be entered.

     

    Motions.  Motions are requests made before the court.  The requests may be for additional information, to dismiss the case, to change the venue (location) of the case, to suppress evidence, or to allow certain types of evidence.

     

    Plea Bargaining.  Plea bargaining is the process whereby the defendant and/or the defendant’s attorney negotiate with the prosecutor in an effort to resolve the criminal matter.  It occurs anywhere in time from before the pre-trial to anytime throughout the remainder of the case.

    Trial.  A trial, whether in district court or circuit court, is the proceeding whereby a judge or jury (a collection of citizens) determine if it has been shown by the prosecutor, beyond a reasonable doubt, that the defendant is guilty of the offense.  If found guilty, the defendant is sentenced.

     

    Sentencing.  After a plea of guilt (or nolo contendere, where the defendant does not admit guilt, but the case is treated as a conviction by the court), or a conviction by a judge or jury, a defendant is sentenced.  The sentencing can be anything from fines and costs only, to probation and/or incarceration.

     

    Information Courtesy of ICLE, Bruce A. Borton, Basic Criminal Practice