Criminal Defendants Have Certain Protection

Those who are accused of having committed a federal crime must undergo the federal

criminal procedure, meaning a few rights are afforded to the defendant as defined in the Constitution. For state crimes, the state criminal procedure comes into play. As one may expect, the procedure varies depending on the state. However, they all follow the same general idea.

Once a crime has been committed, investigated and had an arrest made, several procedures are undergone by the defendant. First comes booking, during which the defendant's name, telephone number, address, fingerprints and photographs are taken. The crime is also recorded at this point.

Arraignment soon follows, during which the defendant must appear in court and enter his plea. Usually, the plea is "guilty" or "not guilty," though in some cases, "no contest" may be used. The defendant is sentenced if he pleads guilty, and if he pleads that he is not guilty, a trial date will be set. A criminal lawyer or a felony lawyer is usually present for serious crimes, or a lawyer for a specific crime may be selected, such as a DUI lawyer.

After a date for the defendant's trial is made, the judge will determine whether he is allowed to be free on bail or if he is forced to remain in prison until the trial occurs. If the defendant is released on bail and does not attend trial, the bail will be revoked and lost.

For the preliminary hearing, a judge decides whether or not it is worth the time of the court to undergo trial for the alleged crime committed. Here, the prosecution is required to show his evidence before the judge. In order for the defendant to undergo trial for the crime he supposedly commit, there must be enough evidence to work with. For example, a murder trial probably will not be allowed to continue if the prosecution merely has a common weapon without fingerprints or blood on it.

If the trial is determined to be necessary, this will come next. The trial has opening statements from both the defense attorney and the prosecutor. After this, the evidence will be presented to the jury, and witnesses to the crime involved will be questioned in front of the jury. After all of the evidence is presented and the witnesses are questioned, the defense attorney and prosecutor are given the chance to say a few words. The jury then goes behind closed doors to produce a verdict.

If the defendant pleads guilty or is found guilty, the judge will then determine the appropriate sentence, which refers to what the punishment will be for having committed the crime. For example, being guilty of murder may result in 25 years in prison to life in prison.

The punishment depends on the severity of the crime. A guilty defendant will either be fined, put onto probation or will be sent to prison for a certain period of time. However, once a defendant has been convicted, he has the right to appeal the decision. One common reason for appealing a conviction is due to the incorrect following of criminal procedure.

by: Nick Messe

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