Criminal cases cover a large range of offenses, which suggests there may also be several criminal court results. This write-up describes most usual outcomes for criminal litigation, together with their fines as well as impacts.
Scenario One: Charges are dropped
Being charged with a criminal offense does not constantly suggest your case goes to trial. The prosecuting lawyer can choose to drop charges for various reasons, consisting of the alleged victim’s request, their refusal to participate in the case, or possibly due to weak or inadmissible evidence.
Once charges are dropped, there will be no conviction. However, those charges and arrest will still be on your record and may only be removed if you have them expunged.
Scenario Two: I plead guilty.
In nearly all instances, you may only plead guilty under the guidance of your criminal defense attorney. For the most part, that will be when the prosecution as well as your criminal defense lawyer discuss a plea deal together. A hearing will be set up with the court to talk about the guilty plea.
You will normally need to plead guilty in court to ensure that your plea is entered into the court records. When the hearing happens in a federal court, you should likewise testify under oath to confirm guilt. This consists of confessing to carrying out the crime, understanding the charges, understanding the guilty plea, and also for going the right to a jury trial.
After entering your plea, you are accountable for the sentence you accepted. This can consist of prison time, probation, penalties, and also various other choices. Depending on your legal representation, you may also be paying legal fees.
Scenario Three: I take a plea bargain.
The criminal court process of taking a plea bargain resemble the ones for pleading guilty. Defense and prosecution lawyers settle on a plea deal, and also entered into court records at a public hearing.
And also similar to a guilty plea, taking a plea bargain typically calls for verbal agreement at a hearing and also forgoing your right to a trial. When courts take into consideration a plea deal, they can make changes to suggested sentences based upon fairness and the information presented about the concerned criminal activity.
Similarly, when you enter a plea bargain, you are accountable for the sentence that the judge determines. You may also need to pay attorney fees, depending on any agreements with your lawyer.
Scenario Four: I was found guilty at the trial.
If you enter a not guilty plea on your arraignment, you are basically asking the prosecution to present all their acceptable proof. This implies your case will certainly most likely go to trial which gives the district attorney a chance to prove the charge beyond reasonable doubt.
If the trial ends with a guilty judgment, you will be granted a sentencing date. The court will establish the suitable sentence, be provided with pertinent guidelines, the nature of the criminal offense, your rap sheet, and also various other aspects. After that you will receive a sentence that can consist of probation, prison time, a penalty, community service, or various other alternatives.
If there is a lawful factor to appeal the decision, your criminal defense attorney can begin the appeal process. This usually contains a series of arguments at the court of appeals.
Scenario Five: I was found not guilty.
If a criminal trial leads to a not guilty verdict, you will be released from custody. Because of the double jeopardy clause of the fifth amendment, you also need not worry of being charged and convicted for the same crime later on. Sometimes, you may have the charges expunged so that they do not appear in your records.
Scenario Six: Mistrial was declared by the court.
Mistrials are trials that are not successfully completed. They are terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a nonjury trial. Mistrials can occur for many reasons: lack of court jurisdiction over the subject; error in, or unfair jury selection; inadmissible evidence being allowed, or presented in opening or closing remarks; unfair comments made within the jury’s hearing or; a deadlocked, or “hung” jury (one of the most common reasons for a mistrial). Either the prosecution or the defense can make a motion for a mistrial, which the court can grant or deny. Occasionally, the prosecution can retry the case, yet it cannot charge you with the same crime.
What will be my next step if I am facing criminal charges?
If you are facing criminal charges, the smartest move you may make is to find the best criminal defense attorney in Arizona. You may work with our experienced criminal defense attorneys at Howard Snader Law. They may be able to provide you professional advice and guide you through the complexities of arraignments, plea bargains, trials, and sentencing. Call us as soon as you get your opportunity to pick up the phone.