The Process of Being Convicted for a Crime
When you are either in prison or jail, you will need support in navigating the criminal justice system. Therefore, the following tips will help you understand the basis of criminal justice.
If you are a suspect of a certain crime, you are required to be charged first before you are convicted of the crime. In short, you are now formally accused of committing the crime. If the person happens to be charged with a crime prior to them being arrested, the police are supposed to issue the person with a warrant of arrest. The warrant of arrest should openly state why the person has been arrested. When the arrest is done, the person will stay in jail but not for more than 48 hours. During this time, the prosecutor is will determine whether the person should be charged with a crime or not.
A preliminary hearing is held once the prosecutor decides that there is enough evidence to press charges against the person. In the course of this hearing, the judge has the judge will decide if the suspect will face trial and this will be based on the amount of evidence present and the judge will also give the defense lawyer to challenge the prosecutor’s case. If the case is not dismissed, the defendant will have the chance to either plead guilty, not guilty or no consent during the hearing and the choice of the defendant will now define whether or not the trial is going to take place.
When the suspect pleads not guilty for the crime accused, he or she will have to attend his trial and if they plead guilty of no consent, the court will move forward to sentencing. When the trial now takes place, the government will now have to prove to the court without any reasonable doubts that the defendant is guilty and should be charged for the crime. In some cases, the jury determines the outcome of the case while in others, it is the duty of the judge to do so without the help of the jury. After the trial, if the defendant is found guilty, a sentencing hearing is held afterwards and if not found guilty, the suspect is released.
After the trial, a sentence hearing is held, here the judge is going to use all the evidence provided to the court to determine the penalty to be given for the defendant for the crime committed. It is also important to know that defendant is also meant to understand all of his or her rights. People accused of crimes have certain rights that gives them the best possible chance to receive a fair outcome during their cases.