Nampa Criminal Defense Attorney
Finding yourself on the wrong side of the legal system can be a frightening prospect,
especially if you have no prior knowledge or experience of the system. Having a qualified,
experienced legal team on your side can make all the difference, as can a little insider
knowledge about the processes, policies and procedures, to give you a better idea of what
may happen to you – this can help you to feel more in control, and reduce the risk of you
panicking and incriminating yourself during the process.
What Will Happen If I Am Charged With A Criminal Felony?
If you are charged with a criminal felony, the most important thing to remember is to stay as calm as possible – this is easier said than done. There are a number of steps which will occur in any set of proceedings, and we will explore these more closely below.
Investigation
- The first step will be an initial criminal investigation - this may be conducted by the local law enforcement agency connected to the case. At this stage, you need to do two main things: stay silent, and consult a lawyer. Under no circumstances should you tell the police “your side” - this is a surefire way to incriminate yourself, no matter what you are told by the police.
Arrest
- During the course of the investigation, the police officers or law enforcement agencies in question will need to decide whether or not the case should be handed over to the prosecutor - that is, whether there is “probable cause” that you committed the crime. As long as this “probable cause” caveat is satisfied, charges can be turned over to the prosecutor - this may be something as simple as a witness saying they saw you committing the crime.
- Once the prosecutor has the case, they review it, along with the probable cause affidavit and in most cases, will file this, along with a complaint, to the court. The prosecutor must swear to the contents of the complaint, allowing the judge to make a probable cause finding, and an arrest warrant to be issued. The police then execute the warrant by making an arrest and booking you into the jail. If you know there is a warrant out for your arrest, turning yourself in can be an advantage in your favor when the case goes to court, and can help you get bail at a lower cost, as it shows the judge that you are less likely to be a flight risk. The bond may come with the warrant - allowing you to leave as soon as this is posted if you can afford it. If the judge does not set a bond, you must spend a night in jail to allow the bond to be set by the court the following day.
Arraignment
- The next step is the arraignment, or official appearance, which must occur within 24 hours of the arrest - note that the court excludes weekends and public holidays in this figure. Here, allegations will be read, and the defendant read their rights. Bonds will also be considered - the judge will assess this based on the perceived flight risk of the defendant, and the risk the defendant poses to the community. Your attorney will do their best to convince the judge to grant a bond.
Preliminary Hearing, or Grand Jury Indictment
- The case will either remain in magistrate court, or be sent to district court, provided that there is substantial evidence the defendant committed the crime. A grand jury may be called, depending on the case. This stage is used to decide whether evidence presented by the state is enough to satisfy the elements of the charge. At a preliminary hearing, you will be able to cross examine witnesses and call your own witnesses. If there is sufficient evidence, the case proceeds.
- In some cases, the prosecutor may call for a resolution of the case at this stage; if the defendant agrees, the preliminary hearing can be waived - your attorney will be able to advise you of the best option.
District Court Arraignment
- If the case is passed to district court, you will have your rights ``presented” to you, and advised of the consequences if you plead guilty. You then enter your plea, and if you plead guilty, the date is set for sentencing. A not guilty plea triggers a date for a pretrial conference, while a request for a continuance sees the court set the case over for a plea entry.
Following these initial steps, the trial system will kick into action, and you will need to ensure that you have your attorney on side every step of the way to offer expert advice, and their professional opinion on your best next steps to help secure a positive outcome, and allow you to retain your freedom.
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