1. The Arrest: When the Law Steps In

Not every crime leads to an arrest, but when the police have “probable cause” to believe you’ve committed a crime, they can make an arrest. Usually, they need an arrest warrant from a judge, but if they witness the crime firsthand (like in traffic or DUI cases), they can apprehend you on the spot.

2. Arraignment: Your First Appearance
Shortly after your charge or arrest, you’ll appear before a judge for an arraignment. The judge will inform you of the charges and ask you to plead guilty, not guilty, or no contest.

Remember, pleading “not guilty” doesn’t mean you’re claiming innocence; it means you deny the charges, allowing your lawyer to review the case and potential defences.

During the arraignment, the judge will also address bail, which is the money paid to secure your release from jail. If you have an lawyer, they can advocate for lower bail or request release on personal recognizance.

3. Pre-Trial & Omnibus Hearings: Unveiling the Facts
Following arraignment, you’ll attend one or more pre-trial or omnibus hearings in Superior Court. These sessions enable your defence attorney to gather crucial information from the prosecutor, such as police reports and evidence against you. It may take time to collect all the necessary information, leading to multiple continued hearings.

If you’ve hired an lawyer at this stage, they can address any changes to your release conditions and negotiate with the prosecutor for a potential settlement. If you decide to accept a settlement, you’ll appear before the judge and enter the plea on that day.

4. Motion Hearings: Addressing Legal Matters
Lawyers can file motions to address various aspects of the case. For example, a suppression hearing argues for the exclusion of certain evidence. Motions can cover topics like modifying sentencing, temporary release, or consolidating/severing charges or defendants.

5. Readiness & Trial Setting Hearings: Preparing for Trial
As the trial date approaches, you’ll attend a readiness or trial setting hearing. This offers one last chance for your lawyer and the prosecutor to reach a settlement without going to trial. If no agreement is reached, both parties indicate readiness, and the court schedules the trial.

6. Trial: Presenting Your Case
The trial is where both sides present evidence and legal arguments. Felony trials usually involve a 12-person jury, while courts of limited jurisdiction may have 6-person juries. Occasionally, it’s better to have a judge decide the case. Your defence attorney will explain the advantages and disadvantages of each option, helping you make an informed decision.

The prosecutor must prove your guilt beyond a reasonable doubt. Your lawyer will present legal defences and call witnesses on your behalf. You may choose to testify, but it’s crucial to discuss this with your lawyer beforehand.

After both sides present their cases, the jury deliberates and reaches a verdict. They may find you guilty on all, some, or none of the charges. If they cannot reach a unanimous decision, it results in a hung jury, potentially leading to a retrial.

7. Sentencing: Consequences and Advocacy
If you’re found guilty or reach a plea agreement, the court proceeds to sentencing. Misdemeanor cases offer judges more discretion in imposing penalties, while felonies and DUI cases have specific sentencing restrictions. Sentencing in felony cases can be complex. An experienced criminal defence attorney can advocate on your behalf and work towards reducing your sentence.

Remember, the legal journey from arrest to sentencing is intricate, and having a knowledgeable lawyer by your side is crucial to protect your rights and seek the best possible outcome.