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Attorney and Counselor-At-Law

     While each case is different and involves a unique defense, some similarities exist. The following are the basic steps in the process of a criminal case, whether state, federal, misdemeanor, juvenile, felony or DUI. In addition to these steps, are MOTIONS and DEMANDS, a defense attorney's greatest weapon. These motions can be filed whenever appropriate at any stage of the process 

An arrest occurs when police take you into custody and is complete the moment you, as the suspect, are no longer free to walk away from the arresting officer. Once you are arrested, you will be booked. During the booking procedure the police will ask you for basic information about yourself (such as your address and birth date), and fingerprint and photograph you. You may also be asked to participate in a line-up, give a handwriting sample or do similar things.

The initial appearance is sometimes called a Preliminary Initial Arraignment or PIA. Here the judge will announce the charges against you and will let you know your rights including the option to have a state-appointed lawyer assigned to represent you.

Arraignment is the defendant's first formal trial appearance. It's purpose is to confirm your identity and  In addition, the judge will ask whether you will plead guilty or not guilty. A plea of not guilty should be entered to require the state to prove all elements of the offense beyond a reasonable doubt.

It is the responsibility of the District Attorney's office to investigate a crime. Any evidence that he finds must be shared with your attorney.

The District Attorney's office may negotiate with you by offering you a plea bargain. If you decide not to accept their initial offer, they may continue to cooperate with you until you come to an agreement or they may refuse to negotiate further.

Motions are the manner in which we demand evidence, have other evidence suppressed, witnesses excluded, and charges dropped. A Motion hearing takes place throughout every stage of the criminal process.

Sounding is a report date where both sides meet with the judge to discuss the progress of your case. Topics discussed include plea bargain possibilities, strengths and weaknesses of the prosecution's case, progress of the preparation of the case for both sides, pretrial motions and intangible factors of the case, such as the witnesses? and defendant's character and past history. It is at this hearing where the next court date will be set.

At the trial, evidence will be presented to a judge or jury and a decision will be reached as to the innocence or guilt of the defendant. The trial begins with the opening statements. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The judge or jury then deliberates innocence and guilt.
In a trial, expect the following to occur:
1. Jury selection
2. Opening statements are presented by both the prosecution and the defense
3. The prosecution presents their case
4. The defendant cross examines
5. The defense presents their case
6. The prosecution cross examines
7. Closing arguments are presented by both the prosecution and the defense
8. The prosecution, defense attorney and judge decide on specific instructions to the jury
9. The judge instructs the jury on rules
10. The jury deliberates
11. The jury submits their verdict

If you are found guilty at trial, the judge must determine the appropriate sentencing. The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court. In addition, the court may ask for a report from the probation department prior to sentencing the defendant.

After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to change the lower court's decision. The appellate process is primarily limited to correcting flaws in procedure and not to change a trial courts finding of fact. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict. However, time limits do exist. They are very short - often less than 30 days and mostly as short as 10 days. Don't lose your right to appeal! At the very least, a notice of appeal must be filed as soon as possible. The sample motions in an appeal process may include:

Motion for Acquittal
Motion For A New Trial
Motion For New Sentencing
Appeal To Appellate Court
Appeal To State Supreme Court
Appeal To U.S. Supreme Court
In death penalty cases, the appeals process is automatic.