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If you’ve been arrested on criminal charges, you’ve got a long road ahead of you. Not only will you need to understand criminal law in Austin, TX, but you will need to hire a criminal law attorney. Without the right representation, you may find that the process following your arrest is lengthy and draining. Don’t try to handle the case on your own. Criminal trial proceedings are tricky. Here is just a glimpse of what awaits you following an arrest. However, having a good lawyer can help. Arraignment An arraignment is the next step following an arrest. This will be your first appearance in front of a judge. The charges that have been brought against you will be read. If you haven’t already chosen a lawyer by this point, one will be assigned to you. Then, your decision to plead guilty, not guilty, or no contest will be entered. Preliminary Hearing During your preliminary hearing, the prosecution must present evidence to prove that you committed the crime in question, or that a crime was committed to begin with. If reasonable proof is presented, the judge will hold you to answer, or in other words, allow the trial to proceed to court. However, if the prosecution isn’t able to provide reasonable evidence or proof, the charges will be dropped. 2nd Arraignment Two weeks following the first hearing, you will be arraigned again. This occurs in the first level of the superior court. The proceedings are the same as the first arraignment. Your plea will be entered in and heard by the judge. Pre-Trial Motions and Hearing Before the actual trial can begin, the prosecution and the defense appear before the judge in order to decide which pieces of evidence may be presented in support of their arguments. This occurs as a sort of guideline for the trial. It provides boundaries that both sides must abide by. If certain pieces of evidence or testimonies need to be excluded from the trial, this is the time that the argument will be made. Trial by Jury Once all of the pre-trial motions and proceedings have concluded, the actual trial will begin. During this time, jurors will be chosen, arguments will be made, and evidence will be presented. Once both sides have presented their sides, the jury will deliberate. Based on the evidence that has been presented, they will determine whether you are guilty or not guilty of the crime you are being charged with. Dismissal or Sentencing The decision of the jury will determine what happens next. If you have been found guilty of the crime, you will most likely return to jail until you are sentenced. At that time, you will appear before a judge once more, as your sentence is determined. There are many different forms of punishment that could be given. If you feel that you have been wrongly convicted, your criminal lawyer may recommend appealing the decision. While this might seem like another lengthy process, in some cases it can lead to the original verdict to be overturned. If you have been found not guilty, the charges will be dropped and the case dismissed. You will be set free immediately and no further legal proceedings will follow in connection with the first charge. Your advocate during the process of your trial is your attorney. For this reason, it is vital to choose someone you trust. It can be difficult to understand criminal law in Austin, TX. Don’t attempt to represent yourself. With an attorney on your side, you will have a more adequate defense and strategy once you step into the court room.
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