Facing criminal charges can be an incredibly stressful experience, especially in the realm of criminal defense, where uncertainty and fear about the future can feel overwhelming. The moment authorities file charges, the stakes become high, and the outcome can profoundly impact your life. With the right legal guidance, you can protect your rights and strive for the best possible outcome in your case.
In this article, we will explore:
Being charged with a crime means a formal legal accusation has been made against you. This happens when a law enforcement agency or prosecutor files a document, such as a complaint, with the court. The document outlines the specific crime you are accused of and starts the legal process.
Pressing charges, on the other hand, refers to someone reporting a crime to law enforcement and requesting that legal action be pursued against the person responsible. This initial step can lead to an investigation, and if authorities find enough evidence, formal charges may follow. In short, pressing charges initiates the investigation, while being charged is the formal legal action that results from it.
An indictment is a formal document that charges someone with a serious crime, often a felony. Indictments are typically the result of a grand jury proceeding.
A grand jury is a group of citizens selected through the jury duty process. They review the prosecutor’s evidence to decide if probable cause exists that the defendant committed a crime. This pre-trial stage usually involves serious offenses, and the grand jury examines both testimonial and documentary evidence.
If the grand jury finds enough evidence, they vote to issue an indictment, meaning the defendant will face formal charges and proceed to trial. If they don’t find sufficient evidence, they issue a “no true bill,” meaning the defendant will not be indicted.
In New York State, misdemeanors and felonies are both considered crimes, but they differ in severity and the consequences associated with being found guilty. The key difference lies in the potential length of imprisonment: misdemeanors result in less than a year of jail time, while felonies involve a year or more in prison.
A misdemeanor is a crime punishable by up to 364 days in jail. These offenses are less severe and might include charges like petty theft or simple assault. A felony is a more serious crime, carrying a penalty of one year or more in prison. Felonies include crimes like murder, armed robbery, or serious drug offenses.
Due process is a constitutional principle that ensures your rights are protected when the government charges you with a crime. If the government seeks to take away your liberty or property, due process guarantees you the right to a fair hearing.
Under both the U.S. Constitution and the New York State Constitution, you are entitled to a legal proceeding where evidence is presented and your case is heard to determine whether the charges against you are valid. This process is a fundamental part of the criminal justice system, ensuring that you are not unjustly deprived of your rights.
An acquittal occurs when, after a trial, either a jury or a judge determines that the prosecution did not prove its case beyond a reasonable doubt. This means you are found not guilty of the charges brought against you. Put more simply, the evidence presented was insufficient to meet the legal standard required for a conviction. Whether the trial is conducted before a jury or just a judge (known as a bench trial), an acquittal signifies that you have been formally cleared of the accusations.
Understanding the criminal defense process is critical because it can help you anticipate what to expect and reduce the anxiety you may experience. Knowing the stages of your criminal defense case, from arraignment to potential hearings or trials, empowers you to prepare mentally and emotionally.
At our firm, we emphasize providing comprehensive information throughout the consultation process. We guide all of our clients through every stage of their criminal defense journey, explaining key aspects such as:
We inform clients about the expected duration of their case and the likelihood of going to trial or reaching a settlement.
We differentiate between calendar appearances, where the court briefly reviews multiple cases, and hearings, where the court presents detailed testimony.
We explain what happens during each court appearance, including whether the arresting officer will be present and what to wear.
Our goal is to ensure you have a clear understanding of the process, which will help alleviate your stress while also preparing you for each step of your case.
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