There can be nothing more frightening than to be accused of a crime. At our office we have handled most types of criminal cases. My experience in defending people accused of a crime allows me to answer most questions quickly.
There are two different kinds of criminal charges: felony-level charges and misdemeanor-level charges. Basically, if you are convicted of a felony-level case, you could be sentenced to serve time in the Wyoming State Penitentiary. Misdemeanor crimes can carry a jail sentence in the county jail up to 1 year. In either case, a lawyer is vitally important to the result.
Initial Appearance
This is a hearing where the defendant is informed of charges against him. The judge will usually set a bond for a defendant who is in custody. If the crime is serious enough to carry a jail sentence, a lawyer must be provided. If a defendant does not have enough money to hire a lawyer, he can ask the court to appoint a public defender.
Bail Bond
A bail bond is a sum of money that must be deposited with the court to ensure a defendant will return to face the charges. In most cases, bond is set at the initial appearance. The court usually inquires about the defendant's contacts to the community, the length of time he has lived here, whether he has a job, and the severity of the charges.
A bond can range from a personal recognizance type bond that allows the defendant to sign an agreement with the court saying he promises to appear as required. If he doesn't appear, he owes the court the agreed amount of the bond. If a cash bond is set, the cash must be paid up front before the defendant is released. If the defendant is unable to post the bond on his own, he may need to hire a bail bondsman who will post the bond for a fee. Bond money is returned after the case is finished. Although it may seem like a penalty, bond is designed as security to make sure that, after being released, a defendant will appear for all scheduled hearings.
Preliminary Hearing
Within a very short time after arrest, a felony-level criminal defendant has the right to have the government demonstrate there is probable cause to believe that a crime was committed and that the defendant is the person who committed it. This hearing takes place in Circuit Court. This is a very important step in the process. A defendant should always have a lawyer represent him at this stage. Even though hearsay evidence is admissible during these hearings, they can be very helpful to the defendant and his lawyer because the state must disclose a good deal of the evidence that will be used at the trial. If the court determines that there is sufficient evidence to go forward, the defendant is "bound over" to district court for trial.
Arraignment
This is a hearing where the defendant is advised of his rights and the charges against him. In felony level cases this hearing takes place in district court. A defendant is expected to enter a plea during arraignment and, after this hearing, the speedy trial clock begins to run. Unless the defendant waives his right to a speedy trial, the trial must be held within 6 months of the arraignment.
Trial
Most people know what a trial is. The government presents its case first and calls witnesses that it hopes will prove the defendant has committed a crime. The defense goes next and may call witnesses to show no crime was committed or, if one was committed, the defendant was not the one that committed it.
What Attorney's Do In Criminal Cases
When I first become involved in a criminal case, the first thing I do is contact the government and find out what evidence leads the authorities to believe a crime occurred. I have to look at all the evidence and talk to the witnesses. While preparing for trial, we will try to find out if any evidence the state intends to use was obtained in violation of the Constitution. If that has happened, the evidence may be suppressed and the government cannot use it at trial.
Getting ready for a criminal trial is a very complicated process and takes a great deal of time. When the trial begins the defense lawyer must cross examine the government's witnesses. Cross examination exposes weaknesses in the government's case and forces the government witnesses to admit facts that are helpful to the defendant's case. It is vital to hire a lawyer with experience in all of these areas, particularly cross examination. Your liberty may depend upon it.
