If I am arrested for a crime, what happens to me next?
Posted by Kevin W Frye at 17 April 2008, 9:36 AM and is filed under MS DUI Law,MS Criminal Procedure,MS Drug Laws 
The legal system has a strict set of rules that govern investigation, prosecution, adjudication and punishment of persons charged with criminal offenses. These rules are commonly known as the rules of "criminal procedure." For lawyers, judges, prosecutors and other court personnel, the progression of a criminal case is natural and well understood, but I often find that my clients are unsure and confused about what to expect as their cases move forward. Below is a brief outline and summary of the steps in a typical criminal case:
1. Arrest: can be made with or without a warrant;
2. Initial Appearance: the defendant is informed of the nature of the charges against him, his rights under the Fifth Amendment, his right to counsel, his right to a preliminary hearing and the conditions under which he may be released;
3. Entry of Counsel;
4. Preliminary Hearing: (this hearing may be waived by the defendant) the defendant may confront his accusers, a determination is made regarding whether sufficient probable cause exists to move the case forward, and, in some cases a determination is made regarding the conditions of release through trial;
5. Indictment: made by the grand jury, this is the formal written accusation of the crime which is presented to the court;
6. Arraignment: this is the hearing where the defendant enters either a plea of guilty or not guilty to the charges made in the indictment;
7. Discovery, Pre-Trial Motions, Pre-Trial Hearing: this is the time period where the defendant's attorney exchanges information with the prosecution relating to the charges and prepares for trial;
8. Trial;
9. Appeal: if convicted, the defendant is generally entitled to an appeal.
Again, this is a very brief outline — there is much more to be said about each step, and I will continue to add posts on the topic of criminal procedure. Because each step can be critical to the outcome of your case, it is important to consult with counsel as quickly as possible following an arrest.
1. Arrest: can be made with or without a warrant;
2. Initial Appearance: the defendant is informed of the nature of the charges against him, his rights under the Fifth Amendment, his right to counsel, his right to a preliminary hearing and the conditions under which he may be released;
3. Entry of Counsel;
4. Preliminary Hearing: (this hearing may be waived by the defendant) the defendant may confront his accusers, a determination is made regarding whether sufficient probable cause exists to move the case forward, and, in some cases a determination is made regarding the conditions of release through trial;
5. Indictment: made by the grand jury, this is the formal written accusation of the crime which is presented to the court;
6. Arraignment: this is the hearing where the defendant enters either a plea of guilty or not guilty to the charges made in the indictment;
7. Discovery, Pre-Trial Motions, Pre-Trial Hearing: this is the time period where the defendant's attorney exchanges information with the prosecution relating to the charges and prepares for trial;
8. Trial;
9. Appeal: if convicted, the defendant is generally entitled to an appeal.
Again, this is a very brief outline — there is much more to be said about each step, and I will continue to add posts on the topic of criminal procedure. Because each step can be critical to the outcome of your case, it is important to consult with counsel as quickly as possible following an arrest.
Comments